Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendant from carrying out construction over suit land - Plaintiff inherited the suit property along with defendant - Suit land is not partitioned - Construction over suit property will cause injury to plaintiffs right as co-sharer - Prima facie case is thus, in favour of plaintiff - In..........
Rent and Eviction -- Mesne profits - Determination - Basis of determination of amount of mesne profit depends on facts and circumstances of each case considering place where property is situated i.e village or city or metropolitan city, location, nature of premises i.e commercial or residential area and rate of rent precedent on which premises can be let out are guiding..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration and possession - Case of plaintiff that oral partition took place between brothers - Plaintiff permitted his sister, defendant to cultivate property - Case of defendant that property was gifted to her by way of "Stridhana" - There were four female descendants to father of defendant - In such case, oral gift to..........
Criminal Procedure Code, 1973, Section 156(3) -- Application u/s 156(3) Cr.P.C treated as complaint case - Property dispute between parties - Parties are litigating the same before competent Courts - Considering all facts and circumstances of case order to treat application u/s 156(3) Cr.P.C as a complaint case seems to be just and reasonable...........
Consumer Protection Act, 1986, Section 23 -- Insurance claim - Damage to property due to riots or use of violent means - Repudiation of claim on basis of exclusion clause in policy regarding loss or damage caused by acts of terrorism - Insurance company failed to discharge the burden of bringing the case within four corners of exclusion clause - Insurance company is bound..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Prima facie case, balance of convenience and irreparable loss exists in favour of plaintiffs as regarding interim relief sought with regard to creation of third party interest - So far as interim relief with regard to raising of construction over suit property, since balance of convenience does not lie..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendant from disturbing possession of plaintiff - Factum of possession of plaintiff over suit property is found on the basis of revenue documents - Defendant on the other hand though claimed possession but could not prove the same - Prima facie plaintiff has been able to prove all..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Court while deciding application exceeded its jurisdiction and ventured into merit of case by holding that plaintiff was not in joint possession of suit schedule property and she should pay court fee - Such direction that too at the threshold is totally unwarranted and beyond jurisdiction, hence set..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration of title on basis of adverse possession - Plaintiffs and defendants were claiming independent title in respect of suit properties by virtue of relinquishment deed executed by father of plaintiffs in favour of father of defendants - Possession of suit property relinquished was delivered to father of defendants as..........
Specific Relief Act, 1963, Section 34, 39 -- Suit for declaration and mandatory injunction - Plaintiff on the basis of sale deed filed suit for declaration of his title to `A' scheduled property and for declaration that `B' scheduled property is a common property - Case of plaintiff is duly established by said sale deed - Title of defendant over suit property as claimed by..........
