Rent and Eviction -- Appeal against eviction order - Stay of operation of the judgment - Condition to pay occupation charges - Tenant used to pay Rs.7000/- per month as rent in the year 1996 - Occupation charges must be enhanced at least by three times - Impugned judgment and decree is stayed subject to the condition that tenant pays a sum of Rs.21,000/- per month as..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for specific performance - Necessary parties are those persons in whose absence no decree can be passed - Proper parties are those persons whose presence before the Court would be necessary in order to enable the Court to decide and adjudicate the lis in an effective manner - Persons strangers to..........
Indian Penal Code, 1860, Section 447 -- Criminal trespass - Order framing charge u/s 447 IPC - Quashing of order - Petitioner is allottee of shop in question and has a decree in his favour and against complainant restraining him from forcibly dispossessing petitioners from said premises - No documentary evidence to show any discussion with regard to renting out of shop by..........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 97 -- Execution of decree - Suit for Partition - Objections - When a party to suit, who is wrongly impleaded and has not raised any claim in respect of subject-matter of the suit, if found at the end of the trial, to be unnecessary party, then he cannot be said to be a party to the suit for the purpose of S.47 CPC -..........
Civil Procedure Code, 1908, Order 21, Rule 97, 101 -- Execution of decree - Misjoinder of party - When there is no operative decree against the party still he can file another suit to save his property from being taken delivery of in execution of decree and there is no embargo to his right of resistance to execution proceedings...........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 97, 101 -- Execution - Objections - All questions arising between parties to the suit in which decree was passed or their representatives, which relate to execution, discharge or satisfaction of decree, shall be determined by executing Court itself and not by a separate suit...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by wife - Allegations regarding character of mother of wife, allegations of second marriage and birth of child from marriage levelled by husband against wife, remained u, established - Husband is thus, in habit of raising totally false and frivolous allegations including allegations of character..........
Hindu Marriage Act, 1955, Section 13(1)(ia), 23 -- Divorce - Cruelty - Petition by wife - Non-payment of maintenance pendente lite and litigation expenses by husband - Once husband has willfully failed to pay maintenance pendente lite and litigation expenses leading to striking off defence, he does not have any right to be heard - Husband's conduct in evading process of..........
Civil Procedure Code, 1908, Order 41, Rule 23, 23A -- Remand of case - Issue of rectification of decree sheet - Direction can be issued to trial Court to amend decree and this cannot be a reason to remand the case...........
Madhya Pradesh Accommodation Control Act, 1961, Section 12(1)(f) -- Rent and eviction - Bonafide need - Plea of landlord, he cannot start his business of dry-fruits in the market `S' as said market is mainly a market of cloth business - As landlord is best judge to decide as to which place is suitable for his business, therefore, tenant cannot insist that landlord can..........
