Civil Procedure Code, 1908, Section 34 -- Interest - Recovery suit - Hand loan - Plaint averment regarding agreement towards rate of interest so also on demand promissory note are silent about same - Introduction of rate of interest at 21% thus, for first time in evidence cannot be believed - Reasonable interest therefore, can be awarded - Rate of interest thus, modified..........
Kerala Buildings (Lease and Rent Control) Act, 1965, Section 11(2)(b), 11(3), Civil Procedure Code, 1908, Section 34 -- Non-payment of rent - Interest - Non-payment of rent to landlady for such a long period caused undue hardship to her and unfair advantage to bank by keeping possession of entire tenanted premises without paying actual rent - Bank directed to pay arrears..........
Civil Procedure Code, 1908, Section 47 -- Execution - Objections - Decree for declaration - Decree against defendant in the suit has become final and no one had challenged - In such circumstances, executing Court cannot go beyond decree unless JD raise an issue with regard to competency of civil Court granting decree or about executability of decree in the manner as it was..........
Civil Procedure Code, 1908, Order 21, Rule 32(5) -- Execution - Decree of permanent prohibitory injunction - Disobedience - Where JDs disobey decree of permanent injunction passed against them by gaining illegal possession of suit property, DH cannot be asked to file a fresh suit for possession by Executing Court - Possession can be ordered to be delivered to DHs by JD by..........
Civil Procedure Code, 1908, Order 9, Rule 9 -- Suit for declaration of title and permanent injunction on the basis of Will - Suit dismissed in default - Second suit for permanent injunction on the basis of Will - Held, second suit is barred U.O.9.R.9 CPC...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit property on rent, damaged in fire - Restraining tenant from constructing/reconstructing/restoring or repairing suit property - Question as to whether even after damage, suit premises are in the same position in which they were let out to the defendant, is a fact/an issue which shall be decided..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Eviction suit - Son of original tenant sought impleadment after almost 6 years of filing of eviction suit - No date or month is mentioned in the application as to when applicant was aware of pendency of eviction proceedings - Vague and cryptic explanation given by applicant - Moreover, similar..........
Civil Procedure Code, 1908, Section 96 -- Appeal - Partition suit - Decree in favour of plaintiff and defendant nos. 3 to 9 - Appeal filed by defendant No.2 - No cross-objection or separate appeal filed by plaintiff and defendant nos. 3 to 9 - Appellate Court cannot grant larger relief in favour of plaintiffs, which were not granted by trial Court, particularly when no..........
Civil Procedure Code, 1908, Section 151, 9, Order 7, Rule 11(d) -- Rejection of plaint - Jurisdiction of civil Court - Suit for cancellation of sale deed - Wife executed power of attorney in favour of her husband out of principal and agent relationship and not on the basis of marital relationship - S.7 of Family Courts Act does not apply to case - Civil Court thus, have..........
Civil Procedure Code, 1908, Section 92, Order 1, Rule 9 -- Trust - Mis-joinder or no, joinder of parties - When property is owned by trust suit for recovery of property filed by trustees in interest of trust cannot be said to be barred by no, joinder of parties...........
