Transfer of Property Act, 1882, Section 105, Easement Act, 1882, Section 52, Specific Relief Act, 1963, Section 39 -- Licence - Termination - Suit for mandatory injunction is maintainable after termination of licence by issuing a notice and licensee refusing to hand over vacant possession to the licensor...........
Transfer of Property Act, 1882, Section 105, Easement Act, 1882, Section 52, Specific Relief Act, 1963, Section 39 -- Licence - Termination - Suit for mandatory injunction - Licence terminated on 11.7.1991 and suit for mandatory injunction filed on 24.8.1991 - Held, there is no delay in filing suit for mandatory injunction and the same is maintainable - It is only in cases..........
Civil Procedure Code, 1908, Order 2, Rule 3 -- Different causes of action - Joinder of in one suit - Not permissible - 17 pronotes executed at different point of time and in favour of different persons - It is impermissible for different persons, claiming under different pronotes, to join together and file a single suit - Single suit not maintainable...........
Civil Procedure Code, 1908, Section 11, Order 9, Rule 13 -- Exparte decree - Separate suit to challenge - Not maintainable - Remedy available against an ex parte decree is either to file an application U.O.9.R.13 CPC or an appeal u/s 96 CPC...........
Specific Relief Act, 1963, Section 34 -- Sale deed executed as security of loan - Oral agreement of recoveyance on payment of loan - Loan amount paid - Suit for declaration of title - Not maintainable in absence of seeking relief of declaration that sale deed was a loan transaction and not a real sale - Second relief of specific performance of property by registered..........
Civil Procedure Code, 1908, Order 7, Rule 11(d), Civil Procedure Code, 1908, Order 2, Rule 2 -- As security of loan, sale deed executed on 5.5.1953 - Oral agreement that on return of loan amount re-conveyance deed shall be executed - Entire loan amount paid on 25.3.1987 - Suit for declaration of title and injunction filed on 26.8.1996 - Suit for mere declaration is not..........
Specific Relief Act, 1963, Section 12(3), Civil Procedure Code, 1908, Order 6, Rule 17 -- Agreement to sell - Suit for specific performance - Amendment of plaint sought by which a share sought to be relinquished - There is no limitation for filing such an application - Such an application can be filed at any stage of the proceedings and can even be filed in Appellate Court..........
Agreement to sell -- Suit for specific performance - Relief of possession not claimed - Suit for specific performance is maintainable without claiming relief for possession. (Specific Relief Act, 1963, S.22)...........
Specific Relief Act, 1963, Section 39 -- Licence - Termination - Suit for mandatory injunction - Service terminated by employer and licence to reside in premises also terminated - Employee not vacating - Suit for mandatory injunction seeking a direction to employee to hand over vacant possession is maintainable...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Pre mature suit - Not maintainable when - (i) there is a mandatory bar created by a statute which disables the plaintiff from filing the suit on or before a particular date or the occurrence of a particular event; (ii) When the institution of the suit before the lapse of a particular time or occurrence of a particular event..........
