Limitation Act, 1963, Section 27 -- Adverse possession - Proof - Evidence of defendant shows that house was constructed about 25 years back - As per evidence of plaintiff, house was constructed about 8-9 years back, but yet he deposed that at the time when house was constructed, he objected to its construction - One witness in another case stated that house was constructed..........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13(2)(ii)(a) -- Sub letting - After death of original tenant his legal representatives started running a firm over tenanted premises - Held, legal representatives of original tenant by running a firm had parted with possession of the tenanted premises in their own individual capacity - With the parting of..........
Civil Procedure Code, 1908, Section 100, Specific Relief Act, 1963, Section 34 -- Second appeal - Title suit - Challenging decree passed on basis of oral partition - Landlord who is a co-owner cannot plead that since he is collecting rent and letting out the property from time to time that he has become exclusive owner or a partition has been effected - Family arrangement..........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 100, Specific Relief Act, 1963, Section 34 -- Title suit - Challenging decree passed on basis of oral partition - Once issue of tenancy between parties finally decided, it cannot be re-opened and re-assessed in a later proceeding involving title...........
Punjab Pre-emption Act, 1913 -- Pre-emption - Decree passed on 17.12.1993 and decreetal amount deposited on 24.1.1994 whereas partition order was passed on 30.3.1994 - On deposit of purchase money in Court by the claimant the right and title to the property vest in the pre-emptor and it becomes vested right of the pre-emptor - Right of pre-emption prior to the decree may..........
East Punjab Urban Rent Restriction Act, 1949, Section 18A, 13B -- Ejectment petition by NRI landlord on ground of personal necessity - Earlier also landlord filed eviction petition on ground of personal necessity - That petition came to be negatived - Landlord petitioner acquired title long after the same had been rented out to the respondent-tenant - Controversy about the..........
Civil Procedure Code, 1908, Section 94, Order 21, Rule 32 -- Execution of decree passed in title suit - Decree holder (DH) alleged that judgment debtors were intermeddling in their possession over suit land and not allowing them to cultivate - In decree, only defendant No.1 to 4 restrained from going to suit land and interfering in the possession of DH - In execution 10..........
Civil Procedure Code, 1908, Section 96, Land Acquisition Act, 1894, Section 18 -- Suit for declaration that suit land was settled in favour of plaintiff by defendants in a valid and legal settlement order - No such order of settlement placed on record by plaintiff - Entire land over which plaintiff claimed title admittedly a river land since long and never in possession of..........
Civil Procedure Code, 1908, Order 1, Rule 10, Transfer of Property Act, 1882, Section 52 -- Impleading of a transferee pendente lite - Suit for permanent injunction - Defendant alienated property during pendency of suit - Held, purchaser of suit property from the defendant is necessary party because rights of the purchaser would be effected by adjudication of the suit -..........
Consumer Protection Act, 1986, Section 2(1)(g), 14(1)(d), Motor Vehicles Act, 1988, Section 50, Sales of Goods Act, 1930, Section 30, 46 -- Insurance claim - Repudiation - Ground that respondent had 'no insurable interest' in the vehicle as FIR registered by complainant stated that he had purchased the vehicle from respondent - Document of title is registration certificate..........
