Civil Procedure Code, 1908, Order 7, Rule 3 -- Description of suit property - Suit for permanent injunction - Plaintiff purchased suit land by virtue of sale deed - However, boundaries as given in sale deed, do not tally with boundaries as mentioned in plaint - Plaintiff has not taken care to place on record a plan/sketch or apply for inspection and measurement by any..........
West Bengal Premises Tenancy act, 1956, Section 7(1), 7(2) -- Suit for eviction - Application for recalling of order by which suit was fixed for ex parte hearing - Suit fixed for ex parte hearing because written statement not filed within time - Repeated adjournments prayed by petitioner - Further, petitioner failed to suggest issues - However, as this is a suit for..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Encroachment made by defendant neither pleaded nor stated by plaintiff while appearing in witness box - Only allegation is that defendant tried to encroach upon suit land - Appointment of Local Commissioner not required - Application rightly rejected...........
Civil Procedure Code, 1908, Section 94, 151 -- Application for issuance of direction to plaintiff to restore electricity supply of disputed room - S.94 CPC deals with supplementary proceedings, which are supplemental to main suit pending before Court concerned - Relief claimed by petitioner is not a relief which is sought in supplemental proceedings - Application u/ss 94,..........
Orissa Survey and Settlement Act, 1959, Section 15(c) -- Revision - Cancellation of lease deed on ground of suit land recorded as Government Anabadi Khata - Nothing on record to establish semblance of valid lease in favour of lessee/petitioner - There is also no material forthcoming to prima facie even establish change of use of land making available for lease - Matter is..........
Delhi Rent Control Act, 1958, Section 14(1)(a), (b), (j) -- Suit for eviction - Ground of tenant being habitual defaulter of payment of rent and sub-let the demised premises to his son - As per admitted facts son was in exclusive possession of suit premises and after filing of suit moved to another place - Even if a son is allowed to do independent business, it constitutes..........
Civil Procedure Code, 1908, Order 9, Rule 9, Limitation Act, 1963, Section 5 -- Restoration of suit dismissed in default - Delay - Condonation - Delay of 28 days - Ground of ill-health - Dismissal of application U.O.9.R.9 CPC bars institution of fresh suit - However, if application itself contains sufficiency of reasons for condonation of delay then there is no necessity..........
Possession -- Revenue entries - Possession of suit land as Gair Marusi i.e. tenant at will - However, rate of rent and date of inception of tenancy not disclosed - No evidence produced to show of paying any rent - Entry of Gair Marusi in revenue record in favour of father does not in any manner clothes plaintiff with any legal right to be in possession...........
Indian Penal Code, 1860, Section 420, 467, 468, 471, 506 -- Illegal encroachment and land grabbing - Civil suit pending regarding registration as well as before Revenue Court regarding mutation - Till adjudication of civil suit and revenue proceedings, summoning of accused cannot be ordered - Summoning order set aside - Matter remitted for decision afresh...........
Service -- Selection and appointment - - Petitioner declared unfit in medical examination on account of height - Delay and laches - Constructive resjudicta bars petitioner to re-agitate same cause having once consciously preferred to file suit and not seeking permission of Court U.O.23.R.(3) CPC to re-file a petition on same cause of action - Having not done so,..........
