Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 13, 34 -- Mortgage/Secured property - DRT and DRAT concurrently held that respondents legitimately created an equitable mortgage in respect of flat in question in favour of Bank, which has security interest upon said flat - Respondents failed to file any..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Typographical error - Suit for possession and for recovery of arrears of rent - Amendment sought for typographical error which crept in prayer clause of plaint wherein erroneously possession of only half of suit property stood claimed by plaintiffs, whereas plaintiffs are owners of entire land -..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - At appellate stage - Suit for permanent injunction - Amendment sought to incorporate relief of mandatory injunction - Appellate Court while adjudicating application U.O.6.R.17 CPC, was justified as unless the issue of amendment was decided at this stage, further proceedings may unnecessarily lead to..........
Hindu Law -- Hindu Undivided Family (HUF) Property - Proof of - Suit property during life time of father of plaintiff was part of HUF and has to be treated as such - Rent receipts issued by father of plaintiff to tenants in suit property but same could be deemed to be his capacity as Karta of HUF - From the pleadings, documents and oral evidence on record, it is clear that..........
Hindu Succession Act, 1956, Section 23, 6(u -- Dwelling house - Hindu Undivided Family Property - Partition sought by daughter - Plaintiff was not coparcener on the date when her father passed away - Upon death of her father, u/s 6 of the Act, notional partition of his share in HUF takes place - To the extent property is nationally partitioned, plaintiff being daughter..........
Hindu Succession Act, 1956, Section 23, 6(u -- Dwelling house - Hindu Undivided Family Property - Partition sought by daughter - Plaintiff was not coparcener on the date when her father passed away - She was married during life time of her father and she had neither deserted nor separated from her husband - On the date when suit was filed, S.23 of the Act was in force and..........
Suits Valuation Act, 1887 -- Plaintiff claiming share in property left by his mother - Defendants, other sons and daughters, took plea that their mother executed Will in their favour while divesting plaintiff from suit property - Plaintiff clearly knew of execution of Will after demise of his mother but remained reluctant in asserting his right for 17 years - Validity of..........
Transfer of Property Act, 1882, Section 106 -- Quit notice - Prior to expiry of lease period - Landlord can terminate tenancy by way of serving notice u/s 106 of the Act even before the time of tenancy is over. ( Para 8)..........
Transfer of Property Act, 1882, Section 52 -- Lis pendence - Pendency of suit or proceeding - Shall be deemed to commence from the date of presentation of plaint...........
Transfer of Property Act, 1882, Section 52 -- Lis pendence - Suit for creation of charge of maintenance filed by wife - During pendency of said suit, property in question sold by husband in favour of third party - Provision of S.52 of the Act held, applicable to said transaction...........