Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Advocate Commissioner - For a limited purpose of noting down physical features of plaint schedule property, allowed by trial Court - No prejudice is caused to plaintiff by appointing advocate Commissioner - Application rightly allowed...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Identification and measurement of property - Injunction suit - Defendant specifically denied identity and measurement of property in written statement - However, defendant stated that there is no controversy as regards identification, location and measurement of property - Stand of defendant is in..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Subsequent development - Amendment sought to incorporate subsequent developments occurred after filing of suit and for additional prayer for mandatory injunction, as defendants have formed road in suit land by encroaching property of plaintiff - Since amendment is with regard to subsequent development,..........
Delhi Rent Control Act, 1958, Section 14(1)(e), 14(7) -- Eviction petition - Bonafide necessity - Leave to defend - Tenant admit that landlord is owner of property and there is a relationship of landlord and tenant between them - Tenant admit that need of landlord is bonafide and that landlord does not have any other suitable alternative accommodation available for his..........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Co-owners - Restraining altering physical features of suit property - Preventing other co-owners from altering nature of property is always in the nature of interim relief - There cannot be any permanent injunction for ever to keep other co-owners from enjoying suit property - Permanent injunction cannot be..........
Agreement to sell -- Specific performance - Readiness and willingness - No document on record to indicate availability of balance sale consideration on the date when plaintiff had gone to office of sub-registrar and as on date of filing of suit property - Balance amount deposited only after suit was decreed at the first instance and not as on date of filing of suit -..........
Agreement to sell -- Specific performance - Subsequent purchaser - Presumption of connivance - Defendant No.1 sold the property to defendant No.2 - Since defendant No.1 lost interest in property, and did not choose to appear and defend suit, same is not presumption of connivance in absence of evidence to that effect...........
Agreement to sell -- Specific performance - Bona fide purchaser - Suit property sold by defendant No.1 to defendant No.2 after agreement to sell in favour of plaintiff - No evidence on record that defendant No.2 had knowledge of agreement in favour of plaintiff - Defendant No.2 is thus a bona fide purchaser - Since plaintiff failed to prove readiness and willingness to..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration - Without seeking relief of possession - Suit is not maintainable, where plaintiffs failed to show their possession over suit property and failed to show their ownership...........
Transfer of Property Act, 1882, Section 3 -- Attestation - Agreement to sell and sale deed - Not required to be attested by two attesting witnesses...........
