Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit for declaration of title and confirmation of possession - Suit property sold to vendors of plaintiffs during pendency of suit, which was hit by lis pendens - Plaintiffs purchased the same when their vendors had no title over land and their possession is through mortgagee - Application rightly..........
Transfer of Property Act, 1882, Section 44, 55(6) -- Transfer by one co-owner - Outsider who has purchased share of co-sharer in an undivided estate can seek possession of his share only through partition by amicable mutual settlement by metes and bounds or through a decree of Court - Possession of outsider/purchaser over disputed premises is thus, illegal and without..........
Transfer of Property Act, 1882, Section 111(d) -- Doctrine of merger of tenancy - Tenancy - Petitioner admits that she is not tenant of disputed premises and has purchased 1/3rd share of one of co-owners of property and not entire ownership interest in disputed premises - Twin conditions of applicability of doctrine of merger of tenancy are lacking - Doctrine of merger is..........
Hindu Law -- Joint family property - Plaintiff alleges that property in dispute was purchased with sale consideration derived from sale of ancestral Joint Hindu Family Property - However, plaintiff has not lead sufficient evidence to prove the same - Even sale deed through which father of plaintiff purchased suit property has not been produced - It is not known as in how..........
Hindu Law -- Joint Family Property - Burden to prove - Burden lies upon person alleging existence of joint family to prove that property belongs to joint Hindu family unless there is material on record to show that property is nucleus of joint Hindu family or that it was purchased through funds coming out of this nucleus. (Evidence Act, 1872, S.102)...........
Civil Procedure Code, 1908, Section 66(1) -- Repealed by Benami Transactions (Prohibition) Act, 1988 - Auction sale - Challenge as to - Suit property was put on auction sale because of a mortgage created by original owner who was heavily indebted - There was no challenge to Court auction sale by original owner in his life time - Trial Court held that auction sale is valid..........
Civil Procedure Code, 1908, Section 35 -- Costs - Suit for specific performance - Suit was filed in the year 2006 but at that time co-sharers of defendants were not made party to suit - They were made party in 2007 - Agreement to sell suggest that plaintiff shall pay an amount of Rs.35 lakhs to defendants who in turn purchased property from co-sharers or obtain consent..........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 97, 98, 99, 101, West Bengal Premises Tenancy act, 1956, Section 13 -- Eviction order - Execution of - Objection by vendee - Suit property originally leased to partnership firm - Eviction order passed against partnership firm - Vendee purchased business of firm with all its assets and liabilities after eviction order -..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Genesis of dispute was that deceased purchased a car jointly with co-accused - Dispute if any was between co-accused and deceased and not between other accused - Wife and daughter of deceased declared hostile - Even all the PWs not supported prosecution case - Prosecution failed to prove its case - Accused acquitted...........
Consumer Protection Act, 1986, Section 2(1)(g) -- Theft of IVPs (Indira Vikas Patras) - Claim of return of maturity sum - Deficiency in service on part of post office - IVPs were purchased through cash - Identity of purchaser is disputed - Refusal on part of Department to entertain any request of maturity sum was absolutely right and justified - There was thus, no..........
