Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for mandatory injunction - If suit property itself is stated to be a passage of any nomenclature or kind, then any person having property abutting to suit land has a right to dispute the attempt of plaintiffs and to show the same to be public street and any such person has to be taken as a proper..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for mandatory injunction - Suit property pertains to a passage/street which plaintiffs claim to be their exclusive street - Whereas, original defendant and added defendants both are claiming said street to be a public passage - Although said question is a matter to be decided by trial Court on..........
Adverse possession -- Plea of - Bald statement that defendants are in possession of suit property for the last 12 years - Not sufficient - They were required to show that they have been in continuous, undisturbed and peaceful possession of suit property for the last 12 years and that their possession was hostile to the possession of plaintiff, which has not been shown by..........
Delhi Rent Control Act, 1958, Section 14(1)(e) -- Eviction petition - Bonafide necessity - Leave to defend - As per landlord, family of landlord comprises of 11 family members and accommodation in possession of landlord is only seven room - Even if contention of tenant were to be accepted that daughter-in-law petitioner occupying property are nine and landlord has only..........
Transfer of Property Act, 1882, Section 111 -- Termination of lease - Sub-letting - Lease came to end in 1996 and same not extended - Lease agreement does not give an automatic right of renewal to tenants - Since tenants sub-let the property which is reflected in inspection report of Revenue Officer and there has been breach of terms and conditions of lease agreement by..........
Civil Procedure Code, 1908, Section 11 -- Res judicata - In previous suit for permanent injunction neither an issue was framed with regard to ownership of property nor question of ownership was necessary to be adjudicated upon for determining entitlement of plaintiff therein to seek injunction against interference in her possession or dispossession therefrom forcibly and..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 75 kg Poppy husk - Discrepancy in statement of inspector who effected the recovery - Case property was deposited with MHC and officer who had effected recovery ceased to have any access to same - Sample parcel was delivered in FSL prior to dates on which seal was used by inspector in other two..........
Civil Procedure Code, 1908, Order 11, Rule 14 -- Production of documents - Eviction suit - Documents sought by landlord are regarding another additional property acquired by tenants - Tenants have admitted in their written statement that they have acquired additional property - However, tenants have not produced said documents on record - Production of said documents are..........
Rent and eviction -- Dispute as to title of property - Rent Controller has no jurisdiction to adjudicate upon title of property - Rent Controller is only to conclude about existence or otherwise of relationship of landlord and tenant between parties - Question of title, if disputed, at best can incidentally be looked into, only with a view to decide primary question of..........
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 18 -- Appeal before Appellate Tribunal - Pre-deposit is required for entertaining an appeal before DRAT as mandated by S.18 of the Act - Guarantor or mortgagor who mortgage its property to secure repayment of loan, stands on same footing as a borrower and if he..........
