Showing : 41-50 of 142 Results

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..........
KERALA HIGH COURT
Year of decision: 2014
Details
Specific Relief Act, 1963, Section 6-- Remedy u/s 6 of the Act - Available to a trespasser against true owner, licensee against licenser and tenant against landlord, in case of dispossession without consent of the former otherwise than in due course of law, by the latter...........
KERALA HIGH COURT
Year of decision: 2014
Details
Specific Relief Act, 1963, Section 6-- Recovery of possession of immovable property by one co-owner against another co-owner - Remedy u/s 6 of the Act is available to one co-owner or co-owners against another co-owner or co-owners, in case of forcible dispossession by the latter without consent of the former, otherwise than in due..........
KERALA HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 8, Rule 6A, 6C, Specific Relief Act, 1963, Section 6-- Counter claim - Defendants can set up by way of counter claim a prayer for setting aside a Gift Deed in a suit for recovery of possession u/s 6 of SRA - However it need not be considered along with the suit - Court can exclude counter claim on motion made by plaintiff U.O.8.R.6-C, CPC...........
KERALA HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 8, Rule 6A, 6C, Specific Relief Act, 1963, Section 6-- Counter claim - Suit for recovery of possession - Nothing precludes the parties from filing Civil Revision Petition and an appeal suit independently against the verdicts in suit and counter claim and later club together the cases for hearing...........
KERALA HIGH COURT
Year of decision: 2014
Details
Specific Relief Act, 1963, Section 6-- A probe into the title of - A probe into the title of plaintiff or the nature of possession is totally alien to the enquiry in a suit u/s 6 of the Act...........
KERALA HIGH COURT
Year of decision: 2014
Details
Specific Relief Act, 1963, Section 6-- Suit u/s 6 of the Act - Partakes the character of a summary proceeding...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Specific Relief Act, 1963, Section 6-- Dispossession - When suit u/s 6 of the Act fails, normal remedy for a party is to file a suit for declaration of title & possession - No appeal lies from the decision arising in a suit u/s 6 of the Act - Court can only interfere in revisional jurisdiction u/s 115 CPC...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Specific Relief Act, 1963, Section 6-- Dispossession - A person who has been illegally dispossessed can recover possession u/s 6 of the Act even against rightful owner of property and question of title of property is irrelevant in such a suit - To prove his possession, petitioner has to show that he was exercising acts of dominion over..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Specific Relief Act, 1963, Section 6-- The word `Possession' has not been defined under the Act - `Possession' expresses the physical relation or control exercised by a person over a thing - In other words the continuing exercise of a claim to exclusive use of thing constitutes the possession of it...........

Showing : 41-50 of 142 Results