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Results of suit for possession of property

Showing : 691-700 of 1174 Results

ANDHRA PRADESH HIGH COURT

Year of decision: 2008
Details

Hindu Law -- Partition - Minors through mother filed suit for partition - Father sold property during pendency of suit - Trial Court passed preliminary decree holding that two plaintiffs and father is entitled to 1/3rd share each and that plaintiffs are entitled to separate possession of 2/3rd share after division - Sale executed, held, binding only on father and not on..........

MADRAS HIGH COURT

Year of decision: 2008
Details

Civil Procedure Code, 1908, Section 16 -- Suit for specific performance simpliciter - No relief prayed for recovery of possession - Suit cannot be termed as suit for immovable property...........

BOMBAY HIGH COURT

Year of decision: 2008
Details

Civil Procedure Code, 1908, Order 20, Rule 18 -- Suit for partition and separate possession - Plea of partial partition - Plaintiff having no right in property alienated before his birth - That property rightly not included - It cannot be held that it is a suit for partial partition...........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2008
Details

Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Suit for specific performance - Restraining defendant from alienating the suit property except the plaintiff and from dispossessing plaintiff from the suit land - Held, no consideration or lesser consideration is no ground to reject the suit for specific performance - Plea of limitation is to be..........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2008
Details

Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendant from alienating suit property or creating any charge over the same - Sale of property by father of ancestral property alleged to be without consideration and legal necessity - Vendee put in possession of suit property on the day sale was executed in his favour - Plea that..........

KERALA HIGH COURT

Year of decision: 2008
Details

Civil Procedure Code, 1908, Order 1, Rule 10, Specific Relief Act, 1963, Section 22 -- Suit for specific performance and possession of agreement for sale - In case property is in possession of a third party then that third party is a necessary and proper party...........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2008
Details

Civil Procedure Code, 1908, Section 100 -- Plaintiff filed suit for permanent injunction against Gram Panchayat asserting his possession over suit land - Defendant took objection of lack of jurisdiction alleging that property is evacuee property vesting with custodian - Held, once the evacuee property stood vested in custodian, jurisdiction of Civil Court is barred...........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2008
Details

Co-owner -- A co-owner has an interest in the whole property and also in every parcel of it; (2) Possession of joint property by one co-owner, is in the eye of law, possession of all even if all but one are actually out of possession; (3) A mere occupation of a larger portion or even of an entire joint property does not necessarily amount to ouster as the possession of one..........

SUPREME COURT OF INDIA

Year of decision: 2008
Details

Civil Procedure Code, 1908, Section 11, Transfer of Property Act, 1882, Section 53A -- Res judicata - Applicability of principles - In a suit for specific performance trial Court dismissed the same as respondent No.1 had failed to prove the existence of oral agreement - Trial Court not framed an issue as to whether respondent No.1 was in possession or not - S.53-A not..........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2008
Details

Specific Relief Act, 1963, Section 19(b) -- Agreement to sell - Suit for specific performance - Subsequent purchaser for valuable consideration without notice - Once the possession is of the plaintiff over the suit land, the subsequent purchaser should make an inquiry as to title or interest of the person in actual possession as on the date when sale transaction was made..........

Showing : 691-700 of 1174 Results