Limitation Act, 1963, Article 65 -- Limitation - Suit for recovery of possession - Suit filed in the year 1976 - However, defendant trespassed into suit property in the year 1955 as per plaintiffs - Plaintiffs therefore, ought to have filed suit within a period of 12 years from date of alleged trespass, as contemplated u/art 65 of the Act when possession of defendants..........
Adverse possession -- Defendants proved their possession over suit property from year 1955 onwards - Whereas, suit for recovery of possession by plaintiff was filed in the year 1976 - Defendants held, proved their possession and enjoyment of suit property for more than 12 years and thus proved their continuous and uninterrupted and hostile possession to title of true..........
Special Marriage Act, 1954, Section 36 -- Maintenance pendente lite - Husband was a director of private company - He earns more than Rs.1 lakh p.m from company - Before separation of wife she was used to a particular living standard - Maintenance @ Rs.50,000 was awarded by Court below to wife after taking into account the status of husband - Litigation cost of Rs.2 lakhs..........
Civil Procedure Code, 1908, Section 10, Maharashtra Co-operative Societies Act, 1960, Section 101, 91 -- Stay of subsequent suit - Petitioners seeking stay of proceedings u/s.101 of the Act till adjudication of dispute u/s.91 of the Act - Co-operative Court adjudicating dispute u/s.91 of the Act and Registrar of Co-operative Societies considering issuance of recovery..........
Suit for recovery of possession -- Predecessor-in-interest of respondents was partner with appellants - Entire second floor of demised premises was given on rent to partnership firm - After dissolution of firm, rent receipt was issued in name of only one partner and it was silent about others - Even after death of predecessor respondents continued to occupy premises - In..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit for specific performance - Irreparable harm - Question of irreparable harm to a party complaining of breach of contract does not arise if other remedies are available to the party complaining of the breach...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit for specific performance - Plaintiff seeking temporary injunction in a suit for specific performance has to establish a strong prima facie case on basis of undisputed facts - Conduct of plaintiff is also very relevant consideration for purposes of injunction - Discretion at this stage has to be..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit for specific performance - Whether there existed concluded contract between parties or not, is itself a matter for trial to be decided on basis of evidence that may be led - Part of consideration amount not paid by plaintiff - Balance of convenience is in favour of defendants on account of..........
Specific Relief Act, 1963, Section 6 -- Dispossession - Restoration of possession - Petitioners not able to show that they were in settled possession or long possession of suit property - Possession of 12 days and that also for purposes of mourning, attending to guests and for performing last rites cannot be held to be settled possession - Petitioners failed to show any..........
Civil Procedure Code, 1908, Order 6, Rule 17 - - Amendment of plaint at appellate stage - Amendment sought will help in identification of property - Amendment will not change the cause of action or alter the subject matter - Subject matter of suit will remain the same except that its boundaries would not stand specified thus leading to the dispute between parties to be..........
