Civil Procedure Code, 1908, Order 21, Rule 106 -- Execution - Auction sale - Ex parte order - Setting aside - Summon sent to JD's address was returned with remark that he was not residing at that old address - Summon has not been duly served upon JD - When there was no effective service on JD, Execution Court ought to have been issued a fresh notice rather than ordering..........
Civil Procedure Code, 1908, Order 7, Rule 11, Delhi Rent Control Act, 1958, Section 50 -- Rejection of plaint - Dismissal of application - Suit for eviction - Perusal of issues shows that there is a specific issue in respect of whether property tax is deemed to be part of rent or not - Parties stand that there is an agreement between them that house tax would be part of..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Eviction suit - Petitioner who is disputing title over suit property, cannot be made a party in a suit for eviction, as he is not a necessary party as investigation of title is not warranted - Moreover, Court is not empowered to convert a suit for eviction to a suit for title - Application rightly..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Temporary injunction - Plaintiff not in possession of suit property - In a suit for simplicitor for permanent injunction without any prayer for restoration of possession, plaintiff is not entitled for any relief by way of temporary injunction - Application rightly rejected...........
Agreement of re-conveyance -- Specific performance - Readiness and willingness - No evidence to show that plaintiff has means to make arrangements for payment of consideration under re-conveyance agreement - Intention of plaintiff not to pay amount as per agreement is clear from application filed by plaintiff though dismissed before competent authority seeking..........
Transfer of Property Act, 1882, Section 54, 58(c) -- Sale or mortgage by way of conditional sale - Document in question shows that property was agreed to be sold absolutely for a total consideration of Rs.35,000 - Sale deed and re-conveyance agreement executed on same day - Transaction cannot be mortgage by way of conditional sale in view of S.58(c) of the Act - Intention..........
Hindu Succession Act, 1956, Section 8, 4, 3(a), (e) -- Property of adoptee inherit from adoptive family - Children born to adoptee before his adoption entitled to inherit his property in adoptive family, as Act do not make any distinction between son born to a father prior or after adoption of his father - Since there was a full blood relationship between three sons (born..........
Revenue record -- Question as to whether document of title prevails or finally published record of rights - When a title holder permits the statutory authority to record a particular piece of property in the name of himself and his two brothers and statutory authority acted on such representation then such recording does not create a title...........
Civil Procedure Code, 1908, Order 21, Rule 58(5) -- Execution - Objections - Claim or objection U.O.21.R.58 CPC - Court refused to entertain it - Party against whom such order is made, may institute a suit to establish right in the property in dispute...........
Transfer of Property Act, 1882, Section 105 -- Lease - Property of a religious institution - Manager of religious institution, in absence of specific power, custom or practice, not permitted to give the property of a religious institution on lease for a period of 99 years - Lease for a period of 99 years is a permanent alienation of the property and such act on the part of..........
