Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - A person who denies title of plaintiff does not lose a right to set up a plea of irrevocable licence - Delay of 11 years in seeking amendment and that too at the fag end of trial - Amendment allowed subject to payment of costs of Rs.15,000/-...........
Delhi Rent Control Act, 1958, Section 50 -- Eviction - Validity - Appellant admitting that he is tenant of only ground floor and challenging title of respondent of first floor - There was composite tenancy in respect of portions of ground floor and first floor under occupation of appellant - Held, question of title cannot be raised by tenant being barred by virtue of S.116..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Suit for specific performance - Injunction to restrain vendor from transferring, assigning, leasing, mortgaging the property in dispute - Time regarding payment of balance price was the essence of contract and such payment was not dependent upon plaintiff's satisfaction regarding title and also not..........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 8, Rule 6A -- Counter claim - Amendment sought to give a separate cause title to the counter claim - Held, no separate cause title is required to be given to a counter claim - Order rejecting application, upheld...........
Civil Procedure Code, 1908, Order 7, Rule 3 -- Suit for declaration as to right, title and owner of immovable property - Plaintiff is bound to give description of suit property including boundaries thereof and cannot suppress market value of suit property for the purposes of valuation of suit for the purposes of jurisdiction of Court and also the payment of the Court fees...........
Civil Procedure Code, 1908, Order 20, Rule 18 -- Suit for declaration of title and injunction - Failure to give measurements of land - Effect - No measurements given in plaint, as to length and breadth, land had been trespassed - Held, suit ought not to have been decreed - Impugned decree liable to be set aside...........
Civil Procedure Code, 1908, Section 11, Evidence Act, 1872, Section 115 -- Res judicata and estoppel - Suit for declaration of title and injunction - Predecessors-i, interest of plaintiffs had all along fought earlier cases in Courts of competent jurisdiction in respect of suit lands for Nongspung clan - Held, subsequent suit raising same issues bared by res judicata and..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Necessary party - Suit for possession - Held, when none of the persons has any right, title or interest in suit properties and mutation entries in their names were bogus and fraudulent, they would not be necessary parties to suit...........
Punjab Village Common Lands (Regulation) Act, 1961, Section 7, 13A -- Ejectment - Gram Panchayat failed to prove its ownership - Held, without getting question of title decided, it is not open to Gram Panchayat to file an application for ejectment of petitioners - Liberty granted to Gram Panchayat to get question of title decided and in case decision goes in favour of Gram..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 13A -- Mutation - Title - Issue of ownership had already been decided in favour of Gram Panchayat - Mutation wrongly entered in favour of right holders - Held, merely because a wrong entry had been mutated in favour of right holders would not give them any right to contend that subsequently they had a right in..........
