Civil Procedure Code, 1908, Order 39, Rule 1 -- Temporary injunction - Against sale of life interest in property - Testator created life interest for his wife and then for his daughters and ultimately the property would vest in his grand children i.e. between plaintiff and defendant - Plaintiff alleged that defendant were trying to sell their undivided life interest to..........
Street -- Proof - Plaintiff relying upon sale deed in his favour - Defendant not a party to said sale deed - Description of surrounding properties as given in the sale deed will not bind the defendant - Non party to the sale deed is not bound by the contents thereof - Plaintiff not produced any other evidence to prove existence of street - Municipal record not produced -..........
Street -- Proof - Plaintiff in previous suit filed by him claimed same to be part of his property - In the subsequent suit plaintiff claimed it to be a street - Filing of previous suit not disclosed in the subsequent suit - Suit dismissed...........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of previous suit without seeking liberty to file a fresh suit - Bar to file fresh suit - Cause of action and relief claimed have to be construed together and if cause of action and relief claimed in the previous suit and subsequent suit are not same, then subsequent suit is not barred by O.23.R.1(3) CPC...........
Civil Procedure Code, 1908, Order 38, Rule 11, Civil Procedure Code, 1908, Order 21, Rule 57 -- Attachment before judgment - Order of attachment passed before judgment ceased by closing of execution without any order regarding continuation of attachment order - Advantage of order of attachment before judgment passed in suit was thus, not available to DH in his subsequent..........
Civil Procedure Code, 1908, Section 9 -- Jurisdiction of civil Court - Eviction suit - Suit property is a picture hall/building - Tenant was taken said building on lease along with certain dilapidated machineries and fixtures which he got repaired and updated for starting cinema afresh - It cannot be said that primary object was to lease out business alone - Suit held,..........
Transfer of Property Act, 1882, Section 106 -- Lease deed - Notice for eviction - Notice was given to tenant on 7.6.68 and thereafter possession was taken by landlord on 16.7.68 - Contention that as per principle of waiver, notice stood waived and since no fresh notice was given, suit was not maintainable - However, it is admitted between parties that tenant approached..........
Specific Relief Act, 1963, Section 31 -- Will - Voidable - Jurisdiction of declaring a Will as voidable by virtue of S.31 of the Act is conferred upon civil Court - Consolidation Court cannot travel to the extent of validity of Will, particularly when civil suit challenging Will is already pending between parties...........
Evidence Act, 1872, Section 115 -- Estoppel - Suit for declaration of ownership - Original owner bequeathed all his properties in equal shares in favour of his two wives i.e plaintiff and defendant no.11 by way of Will - Validity of Will is not in dispute between parties - Plaintiff not alleged to have declared or made anyone else or to make believe that defendant Nos. 1..........
Agreement to sell -- Specific performance - Subsequent purchaser - Plea of bonafide purchaser - Subsequent purchaser only denied the agreement between vendors and plaintiff - No witness is examined on his behalf - Facts on record disclose that vendors made conscious efforts to ensure that plaintiff did not obtain an order of injunction against them by fling caveat -..........
