Civil Procedure Code, 1908, Section 100, Specific Relief Act, 1963, Section 38 -- Second appeal - Perpetual injunction - Right to use a passage - Suit filed without seeking relief of declaration of such right - Maintainability of suit - Suit can be maintained if plaintiff claims right of exclusive possession over the property - Therefore, declaration as to the right to use..........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Bar of subsequent suit - Tenant in unauthorised possession of house - Earlier suit filed for ejectment and damages - Relief of damages was given up - Subsequent suit for damages - Held, only the period for which claim for damages was filed earlier and given up is barred in view of O.23.R.1 CPC - Subsequent suit for damages for..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Court fee - Rejection of plaint - Question as to maintainability of suit cannot be examined at the stage of affixation of proper Court Fees...........
Civil Procedure Code, 1908, Section 80(2) -- Notice - Dispense with - Defendants No.1 to 3 Govt. Officers and defendant No.4 is a contractor against whom allegation is that he was trying to forcibly evict plaintiff from suit properties and construct a road thereon - In view of such urgency, explanation that there was no time to serve notice on State Officials, held,..........
Civil Procedure Code, 1908, Section 80 -- Notice - Dispense with - Declined - Only option to Court is to return plaint for no, compliance of S.80 CPC - Return of plaint for presentation after compliance of mandatory provision does not amount to disposal of suit - Cannot be said to be a case decided to attract S.115 CPC - Writ application is maintainable against order..........
Civil Procedure Code, 1908, Order 9, Rule 9 -- Dismissal of suit U.O.9.R.8 - Restoration of suit - Restoration application also dismissed in default - Separate suit filed - Held, suit is barred U.O.9.R.9 CPC and only remedy available is to get the suit restored...........
Civil Procedure Code, 1908, Order 37 -- Suit for recovery of money - Appeal filed by plaintiff - Condonation of delay - Non-production of medical reports by appellant to establish delay - Even claim of misplacement of files and documents in counsel`s office finds no credence - Failure of appellant in explaining delay of 146 days - Delay not condoned - Appeal dismissed...........
Consent decree -- Challenged in civil suit on grounds of fraud & impersonation - Suit resisted on the ground that another decree suffered by the plaintiff in favour of her brother in respect of land situated in other village, inherited from maternal side, therefore, she could very well suffer decree in respect of land inherited from paternal side - Sufferance of the decree..........
Civil Procedure Code, 1908, Order 7, Rule 3 -- Suit for possession - Defendants raised plea of adverse possession - When plea of adverse possession is raised it pre-supposes title over the suit land of the plaintiff - Plea that property is not identifiable falls to the ground...........
East Punjab Urban Rent Restriction Act, 1949, Section 13(1)(b), 2(c) -- Relationship of landlord and tenant - In order to be a landlord a person is not required to be owner of property - A person who has no claim to the title of the property can also come within the definition of term 'landlord' - It is not necessary for the landlord to show his title to the property -..........
