Limitation Act, 1963, Section 14 -- Exemption of time - Seeking remedy in wrong forum - Defendant pursued the testamentary suit in bona fide belief that rights of parties to benefits of estate would also be decided therein - Benefit of S.14 of Act would be available to defendants and they cannot be precluded from filing an independent suit in establishing their claims...........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay condonation application not to be dismissed merely on the ground that delay was too long - Criteria for acceptance or rejection of explanation for delay rests on the bona fides of factual explanation offered by applicant...........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay of 789 days in filing appeal - Sufficient cause - Explanation offered by petitioner that on account of his migration to other State he could not meet his counsel within time and failed to file the appeal is not bona fide - More so, participation of petitioner in final decree proceedings exposes falsity of his..........
Himachal Pradesh Urban Rent Control Act, 1987, Section 14 -- Eviction petition - Bona fide requirement - Reconstruction - Landlord is only required to show that he requires the building bona fidely for demolition and reconstruction - Bona fide is also referable to building, where landlord wants to demolish the building by taking into consideration condition of building -..........
Himachal Pradesh Urban Rent Control Act, 1987, Section 14 -- Eviction - Bona fide requirement - Demolition and reconstruction of building - Tenant contended that no steps were taken by landlord for obtaining requisite sanction from authorities for building and rebuilding work - Contention of tenant even if assumed to be correct that landlord does not have a sanctioned..........
Himachal Pradesh Urban Rent Control Act, 1987, Section 14 -- Eviction - Bona fide requirement - Fact that landlord rented out a part of the building or carried out extensive repairs - Not an impediment or disadvantage in considering his bona fides - It is for landlord to decide as to in what manner premises are to be used - It is not open for tenant to dictate terms - No..........
Himachal Pradesh Urban Rent Control Act, 1987, Section 14 -- Eviction order passed with condition that same shall not be executed unless the landlord produces the sanctioned building plan before executing authority - Landlord has taken exception to the said eviction order - However, no exception to such condition can be taken by landlord, particularly when landlord has not..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i) -- Eviction - Grounds of arrears of rent, sub letting and bona fide need - Petition allowed on all the three counts - Landlord is the best judgment qua his needs and requirement - Nothing on record to suggest that need put forth by landlord is not genuine - Eviction order upheld...........
Specific Relief Act, 1963, Section 19(b) -- Bona fide purchasers in good faith - If subsequent purchaser establishes that he purchased property in good faith for valuable consideration without notice of original contract then only specific performance can be refused...........
Specific Relief Act, 1963, Section 19(b) -- Specific performance - Bona fide purchasers in good faith - There is neither any pleading nor any evidence on record that defendants were bona fide purchasers - Plaintiff on the other hand specifically averred and proved that he was put in possession of entire property by way of part performance of contract on the date of..........
