Civil Procedure Code, 1908, Section 24 -- Transfer of family suit - Wife sought transfer of suit from Vadodara to Court at Deesa, as tremendous inconvenience caused to wife to attend the proceedings at Vadodara due to large distance - Reasons for transferring the suit appears to have been sufficiently explained - Application allowed...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Eviction suit - Petitioner sought his impleadment on the ground that shop in question was taken on rent by him as well alongwith tenant - However, averments on record not indicate relationship of landlord and tenant of shop in question between plaintiff and petitioner - Even bills sought to be..........
Registration Act, 1908, Section 17 -- Registration - Agreement to sell - Recovery suit - Document in question which is purported agreement evinces that it is not an agreement, but it is simply a writing with regard to receipt, which was not required to be registered - Said receipt can be exhibited for collateral purposes...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for recovery as compensation on account of injuries - Relief of recovery of compensation denied by trial Court but granted by first appellate Court - Copy of MLR shows that injuries were present on plaintiff`s both legs - Even, plaintiff was medico-legally examined, duration of injuries was shown to within 6..........
Adverse possession -- Plea of continuous possession - No plea that such possession was hostile to the true owner - Evidence of defendants of continuous possession - Some of the receipts pertain to 1963 but possession since November, 1963 till the filing of suit will not ripe into title as defendants never admitted plaintiff to be owner or that the land ever vested with..........
Delhi Rent Control Act, 1958, Section 14(1)(a), 14(1)(b), Evidence Act, 1872, Section 101, 109 -- Rent and eviction - Sub-letting - Burden of proof - Tenant admitted tenancy in suit property but also asserted that he has surrendered said tenancy - Thus either u/ss 101, 109, Evidence Act burden of proving that tenancy had been surrendered was on tenant which was not..........
Agreement to sell -- Suit for possession by way of specific performance - Readiness and willingness - Plaintiff on coming to know of registration of sale deed by defendant No.1 in favour of defendant No.2 filed the suit within one month from the date sale deed was executed - Even, plaintiff in his plaint has specifically stated that he is ready and willing to perform his..........
Haryana Ceiling on Lands Holdings Act, 1972, Section 26 -- Jurisdiction of civil Court - Is barred to settle, deal or decide any matter required to be adjudicated/decided under the Act - However, if order passed by authority constituted under a special statute has proceeded in violation of statutory requirement, then civil suit is maintainable...........
Transfer of Property Act, 1882, Section 52 -- Transfer pendente lite - Partition suit - When a suit is laid for Partition over certain properties, principles of lis pendens come into operation and any subsequent transaction by any of parties would be of no consequence and would not affect rights of others - There is thus, no need to move an application U.O.39.Rr.1, 2 CPC..........
Indian Contract Act, 1872, Section 56 -- Frustration of contract - Agreement to sell - Specific performance - Defendant contended that process of acquisition of suit land is initiated - However, trial Court already passed the decree for execution of sale deed in favour of plaintiff - At that time there was no notification for acquisition of land in question - Notification..........
