Specific Relief Act, 1963, Section 6 -- Dispossession - Implies an overt act which is directly suffered by person in actual possession and only indirectly or consequentially suffered by any person in possession of property through another...........
Civil Procedure Code, 1908, Order 21, Rule 99, 101 -- Execution - Third party when dispossessed from the suit property to which he claims any right, title or interest before getting any opportunity to resist or offer obstruction can file an application U.O.21.R.99 CPC claiming that his dispossession is illegal and that possession deserves to be restored - If such an..........
Rent and Eviction -- Non residential building - Three tenants - Bona fide requirement of all the three tenancies and that building is in a dilapidated condition which requires immediate demolition - Requirement is in respect of all the three tenancies put together - Mere possession of one of the three tenancies by landlord pursuant to eviction orders obtained against one..........
Evidence Act, 1872, Section 116 -- Estoppel - Tenant of immovable property is estopped to deny title of landlord - Howsoever, defective title of landlord may be, a tenant is not permitted to dispute the same unless he has surrendered the possession of his landlord...........
Specific Relief Act, 1963, Section 6 -- Suit for possession - Co-sharer - A co-owner in possession, dispossessed illegally and forcibly by another co-owner - Suit for possession u/s 6 of the Act is maintainable...........
Haryana Urban Development Authority Act, 1977, Section 15, 17 - - Plot - Auction - 25% of auction price deposited - Remaining amount was to be paid in ten half-yearly installments and in default interest @ 10% p.a was payable - Remaining amount not paid nor willingness shown to make payment despite ample opportunities - Authority directed to pay remaining amount with 18%..........
Court Fees Act, 1870, Section 7(iv)(c) -- Ad valorem Court fee - If the no, executant/plaintiff of a document transferring the rights in property seeks declaration and is not in possession, he is liable to pay ad valorem Court fee - But at the same time if the said no, executant is seeking possession by way of partition of said property to the extent of his share, he is..........
Civil Procedure Code, 1908, Section 2(12) -- Mesne profits - Partition suit - Defendant is in settled possession of properties in question - Plaintiff who is aged person is residing somewhere else and has no intention to settle at the place where properties are situated - By way of final decree of possession in favour of plaintiff to the extent of his 1/5th share,..........
Civil Procedure Code, 1908, Section 2(12) -- Mesne profits - Term mesne profit is used for damages for trespass, a wrongful act relating to immovable property - However, scope of term mesne profit has since enlarged to mean claim of profit from one whose possession though may not have originated as trespass but is nevertheless wrong...........
Civil Procedure Code, 1908, Section 2(12) -- Mesne profits - Calculation of amount - Mesne profit is not what the decree holder has lost by not being able to get possession but what the user of property, in wrongful possession, may with ordinary diligence would receive from property - Person in wrongful possession cannot be heard to say that he has not utilized the..........
