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Showing : 2421-2430 of 7234 Results

BOMBAY HIGH COURT

Year of decision: 2014
Details

Possession -- Suit based on title for possession - Title established - Once plaintiff proves his title, burden shifts to defendant to establish that he has perfected his title by adverse possession - Failure of defendant to prove adverse possession for the prescriptive period - Decree of possession passed in favour of plaintiff...........

ANDHRA PRADESH HIGH COURT

Year of decision: 2014
Details

Agreement to sell -- Specific performance - Suspicious circumstances - Plaintiff failed to prove all the aspects and there is no satisfactory evidence about the execution of agreement, payment of consideration, delivery of possession and terms of contract - There is strong suspicion about stamp paper on which agreement was executed - Scribe of agreement not examined -..........

RAJASTHAN HIGH COURT

Year of decision: 2014
Details

Civil Procedure Code, 1908, Section 96, Order 9, Rule 13, 7 -- Ex parte decree - Appeal there against - Appellate Court committed no error by refusing to examine the validity of ex-parte order but examined the validity of judgment passed by Trial Court - Concurrent findings of Courts below rightly found to be in favour of plaintiff - First Appellate Court having heard the..........

RAJASTHAN HIGH COURT

Year of decision: 2014
Details

Transfer of Property Act, 1882, Section 106 -- Notice - Eviction suit - Plaintiff proved that he had sent the notice to defendant by registered post at the correct address and same was returned with postal endorsement of `refusal' - Presumption u/s 114 of Evidence Act r/w S.27 of General Clauses Act raised against defendant that he had refused to accept the said notice -..........

SUPREME COURT OF INDIA

Year of decision: 2014
Details

Agreement to sell -- Specific performance - Relief of - Consideration of Rs.16.10 lakhs - Agreement executed in the year 2003 - Property prices increased by not less than five times - Appellant should pay a total consideration of Rs.25 lakhs - On payment of Rs.25 lakhs less already paid, defendant owner shall execute registered sale deed in favour of plaintiff...........

ANDHRA PRADESH HIGH COURT

Year of decision: 2014
Details

Civil Procedure Code, 1908, Order 15A -- Suit for declaration - Application by defendant for direction to plaintiff to deposit rent - It is landlord of a building, in a suit filed by him for recovery of possession, can file an application for deposit of rents by defendant/tenant, pending suit - There is no provision in CPC which enables defendant in the suit to file an..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2014
Details

Civil Procedure Code, 1908, Order 9, Rule 9 -- Restoration of suit dismissed in default - Plaintiff was present in the morning session and requested to post case after lunch as his counsel was busy in some other Court - Case when called after lunch, non appeared on behalf of plaintiff - Application for restoration of suit filed within two days of dismissal of suit -..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2014
Details

Specific Relief Act, 1963, Section 6 -- Dispossession - Petitioner alleges to be in possession of suit property as a tenant and was forcibly dispossessed by Respondent Nos.1 & 2 - However, there is neither any rent note in favour of petitioner nor any receipt showing payment of rent by him to his alleged landlord - Plaintiff failed to prove that he was in possession and..........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2014
Details

Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Case at initial stage - Amendment not allowed as it will change nature of suit and entire claim of plaintiff will change...........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2014
Details

Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Plaint not happily worded and sought to be substituted - Amendment sought will change the entire contents and texture of plaint as material paragraphs containing entire case of plaintiff is sought to be changed and only paragraphs with formal averments will remain unamended - Rejection of application,..........

Showing : 2421-2430 of 7234 Results