Civil Procedure Code, 1908, Order 38, Rule 5, Transfer of Property Act, 1882, Section 52 -- Attachment before judgment - Transferee pendente lite - S.52 of T.P.Act would apply only in a suit wherein any right to immovable property is directly and specifically in question - If there is no application of S.52 of T.P. Act, in a suit, there cannot be any scope for impleadment..........
Succession Act, 1925, Section 48 -- Succession - Where the intestate had no lineal descendents, as he was a bachelor and no collaterals, as he was only son of his parents, S.47 of Succession Act has no application - By virtue of S.48 of the Act, plaintiffs can claim right over property as relatives in the nearest degree of kindred...........
Specific Relief Act, 1963, Section 38 -- Suit for perpetual injunction - Suit property a road - To grant a decree of perpetual injunction, what has to be considered is as to who is in actual physical possession of property - When property is baron land, vacant land or lying as a road etc., title deed should be there to ascertain the possession over such property - In such..........
Specific Relief Act, 1963, Section 38 -- Suit for perpetual injunction - Suit property a road - False claim of title - Unregistered sale deed, not reliable - Injunction cannot be granted on basis of such document...........
Limitation Act, 1963, Section 27 -- Extinguishment of right to property - "Right" mentioned in S.27 of the Act is right to recover possession only and nothing more - Nowhere it is mentioned that title of such person would be extinguished - When there is no extinguishment of title, extinguishment of right of title holder to recover possession of such an immovable property,..........
Limitation Act, 1963, Section 27 -- Extinguishment of property to property - Plaintiffs were asked to vacate the suit property in 1984 by defendants on the strength of gift deed - But plaintiffs refused to heed the demand and continue to occupy the property - Since period of 12 years has elapsed from the specific refusal of plaintiffs to vacate the building from 1994..........
Specific Relief Act, 1963, Section 37, 38 -- Perpetual injunction - Can be passed restraining defendants from interfering with peaceful possession of plaintiffs and from dispossessing plaintiffs, as the right of defendants to recover possession of suit property u/art 65 of Limitation Act is extinguished within the meaning of S.27 of the Limitation Act...........
Transfer of Property Act, 1882, Section 105, Gujarat Municipalities Act, 1963, Section 65(2) -- Lease - Renewal - Leased property a public property and leased out at a very meagre rent - Property utilised for a purpose other than that for which it was leased out - Held, property cannot be utilised for a purpose other than the purpose for which it was leased out - Appellant..........
Transfer of Property Act, 1882, Section 105, Gujarat Municipalities Act, 1963, Section 65(2) -- Lease by Municipality - Renewal - Municipality has no authority to grant lease for a period exceeding 10 years without prior permission of State Government - Since State Government had only granted permission to lease the land till the year 2012, therefore, appellant has no..........
Transfer of Property Act, 1882, Section 105, Gujarat Municipalities Act, 1963, Section 65(2) -- Lease - Renewal of - Original lease was granted for running an oil mill - Admittedly, as on date, there is no oil mill situated on the land - Lease property is public property leased out at a very meager rent - It cannot be utilized for a purpose other than purpose for which it..........
