Rent and Eviction -- Bona fide need - Defendants denied the bona fide need of plaintiffs in their affidavit - Said affidavit by itself could not have been the sole basis for coming to a conclusion that plaintiffs did not have bonafide need of the suit premises without examining material on record...........
Civil Procedure Code, 1908, Order 14, Rule 6 -- Framing of issues - Ex parte suit - Framing of issues in an ex parte suit though not mandatory by virtue of O.14.R.6 CPC, but judgment must be in conformity with provisions of CPC - Thus, O.20.R.4 CPC comes into picture - Courts must determine points for determination which are like issues and answer them to resolve matter of..........
Civil Procedure Code, 1908, Order 14, Rule 1, 2 -- Issues - Omission to frame issues - Suit for specific performance - Suit was dismissed for lack of title in favour of defendant - No issues or points for determination were framed for the same - Plaintiff at no point was given an opportunity to lead evidence on the same - In the absence of any issues and especially in the..........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Bar U.O.2.R.2 CPC - Applicability of bar U.O.2.R.2 CPC depends upon identity of cause of action raised and also upon whether plaintiff despite having knowledge of relevant facts omitted to claim relief in earlier suit...........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Bar U.O.2.R.2 CPC - Omission of a relief would attract bar U.O.2.R.2 CPC only when such omission is intentional and with knowledge - If omission is on account of lack of knowledge of material facts subsequent suit would not be barred...........
Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 2, Rule 2 -- Rejection of plaint - Bar U.O.2.R.2 CPC - Cause of action to seek declaration regarding ownership and for cancellation of gift deed & sale deed accrued to plaintiff only upon application for impleadment by defendant Nos.3 to 6 filed in earlier suit and pleading regarding said..........
Agreement to sell -- Specific performance - Sale deeds executed by defendants in favour of third parties during pendency of litigation are certainly hit by doctrine of lis pendens and are non est - Plaintiffs have got sale deed of suit land executed in their favour by following due process of law on the basis of decree of specific performance granted in their favour by..........
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 6, Rule 17 -- Impleadment of subsequent transferee and amendment of plaint - Suit for specific performance - During pendency of suit gift deed executed by defendant in favour of his son and mutation entries made in favour of transferee - Transferee deserves to be impleaded as a party and plaint..........
Court Fees Act, 1870, Section 7 -- Ad valorem Court fee - Where suit is instituted for cancellation of an agreement to sell and forfeiture of earnest money and where possession has not been delivered, ad valorem Court fee is required to be computed on the amount of earnest money alone and not on entire sale consideration...........
Court Fees Act, 1870, Section 7 -- Ad valorem Court fee - Suit for declaration of ownership and possession - Suit though has been drafted as one seeking declaration of ownership and possession, real object of proceedings is to negate and avoid agreement to sell on the premise that same stands terminated and earnest money forfeited - In such circumstances, petitioner being..........
