Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendant-owners from dispossessing respondent from suit hospital - Respondent is admittedly, running and is in possession of suit hospital for more than 13 years by three agreements - Respondent claims that he is a tenant while defendant-petitioner claim that respondent was a mere..........
Civil Procedure Code, 1908, Order 7, Rule 11, Specific Relief Act, 1963, Section 38 -- Rejection of plaint - Concealment of relevant facts - Suit for injunction - Plaintiffs made serious concealment regarding possession in plaint - Possession is of great relevance in a suit for injunction - Plaintiff cannot be permitted to make a false statement or conceal true facts from..........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration and permanent injunction - Plaintiff claimed to be owner of suit property under sale deed - However, plaintiff failed to establish his vendor's title, possession and enjoyment of suit property - Title of his vendor based on the strength of partition list - No proof placed to hold that parties to partition..........
Specific Relief Act, 1963, Section 34, 38, Delhi Rent Control Act, 1958, Section 27, 50 -- Suit for possession and injunction - Protected tenant - Defendant pleaded that suit barred u/s 50 of Delhi Rent Control Act - In suit for eviction filed by plaintiff, defendant never represented estate of deceased tenant - In injunction proceedings initiated by defendant against..........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Plaintiff claims title to suit property on the basis of Patta jointly granted in favour of plaintiff and defendant - Defendant thrown a serious challenge to claim of plaintiff's title, possession and enjoyment of suit property before institution of suit - Plaintiff should have sought for relief of declaration..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Plea of adverse possession by way of amendment is not permissible, as it is mutually inconsistent with original plea of title set up by defendant in her written statement by way of purchase of suit property - Application rightly dismissed...........
Transfer of Property Act, 1882, Section 60 -- Redemption of mortgage and possession of suit premises - Once mortgagee-tenant has failed to prove that he was in possession of suit premises since prior to execution of mortgage, then on redemption of mortgage, mortgagor-landlord becomes entitled to get possession of suit premises...........
Transfer of Property Act, 1882, Section 60 -- Redemption of mortgage and possession - Plea of prior tenancy by mortgagee - Mortgage deed silent as to prior possession of defendant as tenant - Recitals in mortgage deed shows that on date of mortgage, possession of suit premises was delivered to defendant - More so, if defendant was in possession of suit premises prior to..........
Registration Act, 1908, Section 17, 49 -- U, registered sale deeds - Can be received in evidence to prove possession of property, but it cannot be received for the purpose of proving right or title over suit property...........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 7, 23(1) -- Jurisdiction of tribunal - Suit for recovery of possession - Essentials of S.23(1) not fulfilled - Admittedly, petitioner and respondent-senior citizen are strangers - Transfer of disputed premises to petitioner was not subject to any condition as mentioned in S.23(1) of the Act - Thus,..........
