Civil Procedure Code, 1908, Section 100 -- Second appeal - Concurrent finding of fact - Interference with - Trial Court thoroughly considered the facts and evidences and arrived at the conclusion that plaintiffs have got right, title and possession over suit land - Lower appellate Court after elaborate discussion and consideration of evidences and materials on record..........
Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Impleading of a party - Suit for specific performance - Pendente lite purchaser - When party sought to be impleaded is not claiming any independent title and they are claiming title through one of the parties, they are necessary and proper party and they are liable to be impleaded as parties to the suit - Application..........
Delhi Rent Control Act, 1958, Section 14(1)(e) -- Landlord getting ownership of tenanted premises by way of Will - Landlord filing eviction application on the ground of bonafide requirement - Tenant disputed ownership of landlord on the ground that no probate of the Will obtained - Held, tenant cannot dispute title of landlord - Tenant is a stranger to the Will and as such..........
U P Urban Building (Regulations of Letting, Rent and Eviction) Act, 1972, Section 21(1)(a) -- Eviction petition - Jurisdiction of Small Cause courts - Framing of issue regarding title - Refusal - Issue relating to fraud involving transfer of property - Trial court refused to frame issue as nobody questioned ownership of plaintiff - Petitioner failed to disclose in what..........
Civil Procedure Code, 1908, Section 11, Provincial Small Causes Courts Act, 1887, Section 23 -- Res judicata - Suit instituted by landlord against tenant on the basis of contract of tenancy in Small Cause Court - A question of title could also incidentally be gone into - Held, any finding recorded by a Judge, Small Cause in this behalf cannot operate as res judicata in a..........
Will -- Interpretation/construction of will - Certain properties bequeathed in favour of two daughters under the will with a stipulation that same shall after their death devolve upon their female offsprings - Under the will, the two daughters were free to sell or gift the property bequeathed to them the way they like - Two parts of the will i.e. the first bequeathing..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Application for setting aside ex-parte decree - Suit involving adjudication of title of property after hearing the parties - Application allowed vide impugned order - Held, impugned order does not call for any interference...........
Limitation Act, 1963, Article 64, Civil Procedure Code, 1908, Order 6, Rule 7 -- Adverse possession, alternative plea, inconsistent plea - Suit for injunction and fixation of boundary - Defendant claimed title in respect of suit property under oral agreement of sale allegedly executed with predecessor of plaintiff - Held, plea of adverse possession taken by such defendants..........
Civil Procedure Code, 1908, Section 11 -- Essential ingredients for the applicability of S.11 CPC are : (i) The matter must be directly and substantially in issue in the former suit and in the later suit; (ii) The prior suit should be between the same parties or persons claiming under them; (iii) Parties should have litigated under the same title in the earlier suit; (iv)..........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Question of title - Decided by Rent Controller when operates as res judicata in a subsequent suit for declaration - Held, when issue of title was directly and substantially in issue between the parties in the earlier suit for eviction then finding as to question of title in the earlier suit for eviction would operate..........
