Partition -- Final decree - Appointment of Local Commissioner to partition the suit property according to preliminary decree - Appellant purchased some portion of suit land after passing of preliminary decree but before final decree - Sale hit by rule of lis pendence - Held, decree holder was not bound to give any notice to the appellant...........
Transfer of Property Act, 1882, Section 45 -- Joint ownership - Presumption of ownership - Predecessor of plaintiffs and defendants are brothers - They proposed to purchase property together - Subsequently, predecessor of plaintiffs retracted and was not interested to purchase property due to funds crunch - Predecessor of defendants alone paid entire consideration - Since..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Eviction suit - Defendants purchased the suit property from one of co-owners during pendency of suit - Ownership of defendants cannot be decided in pending suit filed by landlord against defendants/tenants for eviction of property, as it will change the nature of suit - Amendment application..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Claim set up in plaint barred by S.4(1) of Benami Transactions (Prohibition) Act, 1988 - Application for rejection of plaint dismissed on the sole ground that an issue has been framed and it would be a matter of trial as to whether property is individual property or has been purchased by joint family..........
Motor Vehicles Act, 1988, Section 166, 157 -- Accident - Injury case - Driver purchased vehicle after accident and became registered owner - Plea of insurance company that said fact not brought to notice of insurer - As far as third party is concerned, entitlement of securing Award and enforcing it against insurer can never be denied and liability would therefore be of..........
Motor Vehicles Act, 1988, Section 166, 157 -- Accident - Injury case - Driver purchased vehicle after accident and became registered owner hence, in terms of S.157(1) of the Act which contain deemed provision, the certificate of insurance and policy is also deemed to have been transferred to him - Therefore, insurer cannot escape its liability on the ground that earlier..........
Protection of Women From Domestic Violence Act, 2005, Section 2(s) -- Shared household - Property of father - Suit premises were neither owned nor tenanted by son nor did premises belong to joint family comprising father and son - Father purchased the property against valuable consideration and he undoubtedly has a better title over suit property as against son and..........
Land Acquisition Act, 1894, Section 4, Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, Section 24 -- Subsequent purchaser - Purchases made after notification u/S.4 has been issued under Act of 1984 - An incumbent, who has purchased land after S.4 notification, has no right to question acquisition...........
Eviction -- Arrear of rent - Plaintiffs filed suit claiming possession and ejectment of defendant no.1 - Defendant no.2 claimed that he is owner in possession and he had purchased the same from `J' and plaintiffs are neither owners nor in possession over the shop which defendant purchased by virtue of sale deed - However, perusal of decree passed in favour of `J' and `R'..........
Specific Relief Act, 1963, Section 6 -- Dispossession - Suit for recovery of possession - Plaintiff was having settled possession after having purchased plot in question and had also constructed house as well as wall for which necessary documents produced on record - Settled possession is thus, clearly made out which means that possession is effective, undisturbed and is..........
