Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for possession/eviction - Plaintiff is claiming ownership over shop in question on the basis of preliminary partition decree - Admittedly, preliminary decree cannot be questioned by defendants as they have no locus standi to challenge the same being tenants and has not alleged that preliminary..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by limitation - Suit for cancellation of sale deed had to be filed within 3 years of execution of document - Contention of plaintiffs that they came to know regarding sale deed dated 25.10.1985 on 17.9.2015 not tenable as sale deed was executed by co-tenants who were brother and relatives of..........
Rent and Eviction -- Bonafide requirement - Landlord died during pendency of proceedings - In the absence of any denial to facts that son of landlord is crippled and has no other source of income or any other business, his need is clearly established - Moreover, tenants who own several businesses have managed to cling on the premises for last 63 years even after expiry of..........
Hindu Succession Act, 1956, Section 8 -- Succession - Property inherited u/s 8 of Hindu Succession Act is a separate property of all legal heirs - It does not have ancestral character - In view of S.19 of Hindu Succession Act, property is inherited as tenants in common and not as joint tenants...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of co-sharers - Eviction petition - Impleadment of other co-sharers of property - Co-sharers are not necessary parties in a suit for eviction filed by one co-sharer/landlord - Moreover, it is not the case of tenants that they are not tenants in the property and that they were not paying the rent to landlord -..........
Civil Procedure Code, 1908, Order 21, Rule 97, 101 -- Execution - Third party objections - Eviction suit - Petitioners are sub-tenants of original tenant - Suit is between landlord and tenant - Petitioners cannot take shelter of O.21.R.97 CPC to raise objection against execution of decree passed in favour of plaintiff - Even, O.21.R.101 CPC has no applicability as..........
Adverse possession -- Tenants or lessees cannot claim adverse possession against their landlord/lessor, as the nature of their possession is permissive in nature...........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Restraining defendant from raising any type of construction over suit property or from changing the nature of suit land and transferring the same - Defendants reflected as sahayak as per Jamabandi relied upon by plaintiff - No evidence led to contrary by defendant though they claimed themselves to be occupancy..........
Joint tenancy -- Landlord is not supposed to implead all the tenants, and impleadment of one of tenants is sufficient and the decree passed against one joint tenant is binding upon all the joint tenants...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for possession on the basis of title - Trial Court decreed the suit - However, first appellate Court dismissed the suit on its own by setting up a new case by holding defendants to be tenants - Appellate Court could not travel beyond the pleadings of parties - Impugned order of First appellate court set aside..........
