Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for mandatory injunction - Removal of construction - Property in question is joint - Proceedings were pending before Consolidation authorities and no attempt was made by plaintiff to get their shares demarcated - At no point plaintiff ever sought relief of partition - Even, in absence of substantive relief and..........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Recalling plaintiff for cross-examination - Documents proposed to be placed on record in evidence by putting the same to plaintiff in his cross examination after recalling him - Such documents not relevant for adjudication of suit - Trial Court rightly dismissed the application...........
Rent and Eviction -- Joint tenants - Partition of tenancy rights - Commercial property - Death of original tenant - One of the joint tenants in actual and exclusive possession and he during pendency of case surrendered tenancy rights and he also handed over the possession of property to landlord who let it out to appellant and at present appellant is in possession of..........
Clean hands -- Suppression of material facts - Non disclosure of filing of suit and its dismissal and also dismissal of appeal - Appellants have to be non suited on the ground of suppression of material facts - They have not come to Court with clean hands and they have also abused the process of law - They are not entitled for the extraordinary, equitable and..........
Clean hands -- Writ petition - Exercising of writ jurisdiction is extraordinary, equitable and discretionary - It is imperative that person approaching writ court must come with clean hands and put forward all facts before Court without concealing or suppressing anything - Non disclosing of filing of Civil Suit, its dismissal by Civil Court and confirmation of said..........
Transfer of Property Act, 1882, Section 106 -- Notice - Tenancy was a monthly tenancy - Notice therefore u/s 106 of the Act for a period of 15 days was mandatory - Suit for eviction was filed much after expiry of 15 days from date of service of notice - Mandatory requirement of S.106 of the Act is duly complied with - Tenant rightly evicted...........
Civil Procedure Code, 1908, Order 18, Rule 1 -- Right to begin - Plaintiff and defendants have filed separate suits in respect of same property and both the suits were clubbed - Since the plaintiff's suit is earlier in point of time and that defendant's suit is clubbed with plaintiff's suit, as such plaintiffs were rightly directed to lead evidence first...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Non-disclosure of cause of action - Suit for permanent injunction - Plaintiffs have claimed themselves to be co-owner and to be in possession of a portion of property with a further assertion that defendants are trying to dispossess them of same illegally - Plaint thus, shows a cause of action as claimed..........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Eviction decree - Objection by BDA (Bangalore Development Authority) - DH after a period of approximately 17 years and after vesting of suit property in favour of BDA, entered into lease agreement with JD - BDA has become absolute owner of suit property - When BDA claims right, title or interest in suit property,..........
Civil Procedure Code, 1908, Section 9 -- Jurisdiction of civil Court - Suit for cancellation of sale deed - Agricultural land - Where a suit for cancellation of sale deed in respect of an agricultural property does not require any declaration of rights, same is cognizable by Civil Court but where cancellation would involve declaration of rights, then such a suit for..........
