Showing : 51-60 of 7016 Results

KERALA HIGH COURT
Year of decision: 2019
Details
Easements Act, 1882, Section 52-- Licence - Mere permission given to hold property or to possess the same without having a right of possession would constitute only a licence...........
KERALA HIGH COURT
Year of decision: 2019
Details
Easements Act, 1882, Section 52, Transfer of Property Act, 1882, Section 105-- Licence or lease - Nature of document - Exclusive possession was not handed over to defendant under document in question - Only a permission to occupy premises for conduct of business was granted - Parties are bound by agreement executed between parties - Construction of agreement would show only..........
KERALA HIGH COURT
Year of decision: 2019
Details
Specific Relief Act, 1963, Section 39-- Mandatory injunction - In the matter of a decree of eviction or a decree of recovery of possession, there is no scope for exercising judicial discretion - It is thus, not permissible to substitute relief of mandatory injunction in place of eviction or recovery of possession...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Specific Relief Act, 1963, Section 34-- Suit for declaration - Limitation - There is no limitation for a true owner to seek declaration qua ownership unless contesting party is in possession of suit land and is able to establish that his possession has matured into a title by way of prescription...........
RAJASTHAN HIGH COURT
Year of decision: 2019
Details
Specific Relief Act, 1963, Section 6-- Dispossession - Suit for recovery of possession - Plaintiff was having settled possession after having purchased plot in question and had also constructed house as well as wall for which necessary documents produced on record - Settled possession is thus, clearly made out which means that..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2019
Details
Specific Relief Act, 1963, Section 38-- Suit for permanent prohibitory injunction - Plaintiffs stated that they along with defendant and other co-sharers are joint owners in possession of suit land - However, admission made by DW4 and statements of PWs, defendant and other co-sharer nowhere suggest that suit land is still joint amongst..........
ORISSA HIGH COURT
Year of decision: 2019
Details
Transfer of Property Act, 1882, Section 107-- U, registered lease deed - Signature of lessor does not appear in lease deed - Lease deed in question is even unregistered - Same cannot be construed as a valid lease deed - Plaintiff thus, not acquired any title by virtue of lease deed in question - Findings of Court below regarding possession is..........
RAJASTHAN HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 39, Rule 7-- Appointment of Commissioner - Suit for cancellation of sale deed - Issue of possession and appointment of Commissioner to ascertain factum/status of possession is hardly relevant - If a Commissioner is appointed, it would be nothing short of collecting evidence on plaintiff's behalf - Application..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Kerala Private Forests (Vesting and Assignment) Act, 1971, Section 3- - Private forests vest in Government - Land in question vested in State more than 48 years ago - Possession was taken over by State in 1975 - There was no cultivation on land in 1971 and even there was no evidence produced by appellants of any cultivation on land - Land in question thus, covered by..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Agreement to sell -- Specific performance - Compensation in lieu of specific performance - Agreement in question executed way back in 1965-66 - Plaintiffs had paid an amount of Rs.6,000 in 1966 against sale consideration of Rs.22,951 when supplementary agreement was executed - Subsequent purchasers were in possession..........

Showing : 51-60 of 7016 Results