Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Third party objections - Eviction decree passed on the basis of compromise between DH and JD - Petitioner/objector claimed that she was owner of suit premises - However, she has not produced any title document of her having ownership over suit premises - Merely because a suit for partition was filed, same cannot..........
Rent and Eviction -- Landlord and tenant - Landlord seeking eviction of tenant - State of Orissa is the recorded owner of suit property - However, State of Orissa not impleaded as a party to the eviction petition - A person without being the owner can well be the landlord - Suit can never fail for non impleading the owner as a party - There is no need for compliance of..........
Adverse possession -- A party who claims adverse possession must know who the actual owner of the property is and secondly he must plead that he was in open and uninterrupted possession for more than 12 years to the original owner's knowledge...........
Specific Relief Act, 1963, Section 34 -- Title suit - Plaintiff claiming on the basis of sale deed whereas defendant claiming on basis of Will - Will duly proved to be genuine - Owner of property under Will was neither a party to sale deed nor his mother affixed her signature therein in the capacity of being his guardian - Title did not pass under the sale deed - Sale deed..........
Transfer of Property Act, 1882, Section 105, Easements Act, 1882, Section 52 -- Lease or license - Intention of parties is the real test for ascertaining of character of a document as a lease or license - If property remains in possession and control of owner and only right to use property in a particular way or under certain terms is given, then it is license - Whereas,..........
Transfer of Property Act, 1882, Section 105, Easements Act, 1882, Section 52 -- Lease or license - Intention of parties is the real test for ascertaining of character of a document as a lease or license - If property remains in possession and control of owner and only right to use property in a particular way or under certain terms is given, then it is license - Whereas,..........
Tort -- Damages - Owner of premises could not be made liable for any damage that occurred to a third party consequent on the conduct of business by occupier of premises, particularly when conduct of business is permitted under law...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for permanent injunction - Plaintiff himself admitted that respondent is original owner of property which is now occupied and purchased by plaintiff from third party only to the extent of 3500 sq ft of property - Remaining 3000 sq ft is situated on northern side of plaintiff's property and..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of co-owner - Eviction suit - Co-owner is neither a necessary party nor proper party for effective adjudication of eviction suit - Eviction suit can be decided even without Impleading co-owner of premises in question - Application rightly rejected...........
Possession -- When facts disclose no title in either party at the relevant time, prior possession alone decides right to possession of land in assumed character of owner against all the world except against rightful owner...........
