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Results of dispossession

Showing : 21-30 of 244 Results

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2018
Details

Specific Relief Act, 1963, Section 37, 38 -- Permanent injunction - Tenant seeking restraint from illegally and forcible dispossession - At one point of time plaintiff claimed to be owner of the house in dispute before the government department whereas in the suit she claims to be tenant - Plaintiff not able to prove her tenancy and she did not have any rent receipt in her..........

ORISSA HIGH COURT

Year of decision: 2018
Details

Specific Relief Act, 1963, Section 38 -- Suit for permanent injunction simpliciter - Suit is maintainable, where plaintiff's title is not in dispute or under a cloud and where there is merely an interference with plaintiff's lawful possession or threat of dispossession...........

RAJASTHAN HIGH COURT

Year of decision: 2018
Details

Specific Relief Act, 1963, Section 6 -- Scope - Dispossession of plaintiffs must be without consent and otherwise than in due course of law - Provision does not require use of force for dispossession...........

RAJASTHAN HIGH COURT

Year of decision: 2018
Details

Specific Relief Act, 1963, Section 6 -- Dispossession - Once plaintiffs came in possession of suit land with aid and assistance of police pursuant to order passed by CJM, it cannot be said that defendants entered into suit property with consent of plaintiffs or in due course of law - Provisions of S.6 of the Act thus, attracted - Findings of trial Court regarding non..........

DELHI HIGH COURT

Year of decision: 2018
Details

Civil Procedure Code, 1908, Section 11 -- Res judicata - Suit for possession filed by landlord and judgment there in with respect to entitlement of landlord to seek possession will not in any manner operate as res judicata as against defendant/tenant either for seeking final relief in specific performance suit or including interim relief of stay of dispossession in said..........

BOMBAY HIGH COURT

Year of decision: 2017
Details

Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by limitation - Suit for specific performance - Suit not filed within 3 years of date of refusal by defendant held barred by limitation - However, plaintiff contended that recovery of possession also sought and in respect of same limitation is of 12 years - Contention rejected, as suit is filed..........

RAJASTHAN HIGH COURT

Year of decision: 2017
Details

Specific Relief Act, 1963, Section 6 -- Suit for possession - Factum of plaintiff being in possession of suit property within 6 months prior to date of dispossession not proved by any cogent evidence - However, evidence on record proved that defendants are in possession of suit property - Suit of plaintiff for recovery of possession rightly dismissed...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2017
Details

Specific Relief Act, 1963, Section 6 -- Suit for recovery of possession - Date of dispossession conspicuously missing from the pleadings as well as in deposition of plaintiff - Ingredients of S.6 of the Act not fulfilled - Dismissal of suit, upheld...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2017
Details

Specific Relief Act, 1963, Section 6 -- Recovery of possession - Ingredients of S.6 are : (a) that the person was in possession of suit property; (b) he has been dispossessed by defendant; (c) that dispossession is not in accordance with law; (d) that dispossession took place within 6 months of filing of suit...........

HIMACHAL PRADESH HIGH COURT

Year of decision: 2017
Details

Suits Valuation Act, 1887 -- Suit for possession based on title - It is not necessary for plaintiff to prove his dispossession for seeking relief of possession - Plaintiff on the basis of his title can recover back possession of suit land - It is for defendant to show that he is in adverse possession of suit land for 12 years before filing of suit - Moreover suit for..........

Showing : 21-30 of 244 Results