Document -- Not signed by any of the parties - Receiving such document in evidence particularly when possession of suit schedule property is alleged to have been delivered under that document - As per definition of document u/s 3 of Evidence Act anything can be a document which conveys a meaning or an indication, but it is nowhere stipulated that to become a `document' it..........
Civil Procedure Code, 1908, Section 47, Order 34, Rule 1, Transfer of Property Act, 1882, Section 84 -- Execution - Objection - Mortgage - Delivery of possession - Execution case without any decree for redemption is not maintainable - Respondents held, not entitled to get delivery of possession unless a decree for redemption of mortgage is passed in their favour under..........
Civil Procedure Code, 1908, Section 47, 115 -- Execution - Auction of property on failure of husband to pay maintenance - Property purchased by wife - Application by wife for delivery of possession - Respondent opposed application claiming to be auction purchaser through DRT - However, perusal of records shows that specific plea taken by husband that suit property belongs..........
Specific Relief Act, 1963, Section 34, 20 -- Suit for declaration and specific performance - Execution of agreement to sell proved on record - Entire sale consideration was passed by plaintiff to defendant no.1 simultaneously with execution of agreement to sell and possession of suit property was also delivered to plaintiff - Plaintiff not prayed for execution of..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Transfer of Property Act, 1882, Section 58 -- Mortgage - Injunction - Modification of order - In the instant case, mortgage was created by defendant/petitioner without delivery of possession of land in favour of plaintiff/respondent - Plaintiff filed application U.O.39.R.1 CPC for restraining defendant from parting with..........
Civil Procedure Code, 1908, Order 15, Rule 5, West Bengal Premises Tenancy act, 1956, Section 14(4) -- Rent and eviction - Striking out of defence - On the ground of arrears of rent - Defendant failed to offer any explanation for non-payment of rent subsequent to August, 2014 or within one month after writ of summons served on defendant - Even, defendant failed to produce..........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Restraining defendant from entering upon suit land and thereby creating any disturbance - Defendant purchased portion of joint family property from co-sharer/son of plaintiff, without consent of others, who acquired the same by partition - However, property stands in the name of father of plaintiff in record..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - No dispute that parties are co-owner/co-sharer - Only partition of property can resolve dispute - Injunction granted in favour of plaintiff is only to protect his possession till competent Court passes an order of partition and thereafter orders delivery of possession - Petition dismissed...........
Civil Procedure Code, 1908, Section 47 -- Compromise decree - Setting aside - Challenge to sale deed and delivery of possession of suit property by way of separate suit, which was given to petitioner in execution proceeding of compromise decree - Not maintainable - Proper remedy is to challenge the same before executing Court itself u/s 47 CPC...........
Criminal Procedure Code, 1973, Section 145, 146 -- Order releasing attached property - Dispute as to ownership and title of property - Both the sides had produced evidence regarding ownership and title of land in question - Proceedings were initiated in 1995 u/s 145 Cr.P.C. and they continued for 10 years - SDM exceeded his jurisdiction in releasing the attached property -..........
