Co-owner -- Even if one co-owner is managing the property and has raised any construction, if any, that would not take away the rights of a co-owner in the property - Principle of estoppel can only be invoked if the party invoking it proves that because of a representation made by the other party he has changed his position to his disadvantage...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Dismissal of application - Both parties are owners of their respective adjoining khasra numbers - Encroachment by way of construction - Both parties would vacate the land if found encroaching in each others land - However, as petitioner is 108 years old, trial Court directed to ensure that revenue..........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13(2)(iii) -- Rent and eviction - Impaired materially value or utility - Landlord not raised any averment with regard to nature and extent of construction raised by tenant - Even, landlord failed to adduce any evidence that said construction has impaired value or/and utility of premises - No material..........
Easements Act, 1882, Section 15 -- Easementary right - Artificial pressure - Construction of a building or a multi storied structure or even construction of a tiled house would come within expression `artificial pressure' as envisaged u/s 15(2) of the Act...........
Easements Act, 1882, Section 15 -- Easementary right - Artificial pressure - A mere construction of compound wall cannot be brought under purview of `artificial pressure' as envisaged u/s 15(2) of the Act, as it is only a protective measure to safeguard property from any encroachment or trespass and it will not destruct right to have lateral support by way of easement. (..........
Easements Act, 1882, Section 15 -- Easement by lateral support - When there is a large extent of property and only a small portion of property alone was subjected to artificial pressure by construction of any building or structure, that part of property alone would stand as outside the purview of S.15(2) of the Act and no easement by way of lateral support can be given in..........
Gujarat Rents, Hotel and Lodging House Rates Control Act, 1947, Section 13(1)(G), 13(2) -- Rent and eviction - Bonafide requirement - Landlady is a retired teacher who wish to settle in her own house at evening of her life - Landlady clearly proved her hardship and tenant not lead any evidence to show that he made any effort for purchase or construction of his own house -..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Rent and eviction - Material impairment of the value and utility of plot - Plot given on rent for selling fodder by weighing with manual `kanda' - Tenant got installed weigh bridge without written consent of landlord - Plea of tenant that value of building has been enhanced due to commercial use of property - Plea..........
Civil Procedure Code, 1908, Order 1, Rule 10, Transfer of Property Act, 1882, Section 52 -- Impleading of a pendente lite purchaser in a suit for permanent injunction - Objection as to - Appellant took illegally possession of suit land and started construction thereon - Appellants not claiming any rights in suit land - Since, applicants having rights in respect of suit..........
Land Acquisition Act, 1894, Section 18 -- Acquisition of land - Determination of compensation - Market value - Land situated in midst of well-developed area of the city and is surrounded by several big factories, industrial estates and housing colonies - Even land is suitable for construction of buildings - There is enough evidence to prove potentiality of land - Hence,..........
