Bombay Rents, Hotel and Lodging House Rates (Control) Act, 1947, Section 11, 12(3)(b) -- Rent and eviction - Arrear of rent - Declaration suit has resulted in a compromise - Parties have filed before Court consent terms - Despite consent, tenant applied for having standard rent fixed - Said application was dismissed - Trial Court rightly held that application is not..........
Civil Procedure Code, 1908, Section 141, Order 26, Rule 4 -- Examination of witness on commission - Proposed witness party to the suit who did not choose to contest the suit - Specific medical grounds stated for inability of witness to attend Court and to depose - Witness found to be important witness to the defendants to rely and to canvass their claim in the suit -..........
Revenue entries -- Respondents claimed to be in possession of suit property as tenants - Land Tribunal as well as Assistant Commissioner after due enquiry have rejected their claims on two separate occasions - Claim to be in possession by way of construction of house and not as agriculturists cannot be accepted after failing in all attempts to claim possession as tenant...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of partition suit - Suit for partial partition - Defendant sought complete partition of property at the stage when appeal was being heard at final stage - Parties are governed by Muslim law and even if Muslim law permits partial partition, defendants could have sought complete partition, but only at the stage of..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Co-sharer - No injunction can be granted against other co-sharers unless and until plaintiff is proved to be in exclusive possession of suit property to the ouster of other co-sharers - In such circumstances, plea taken in plaint has to be appreciated - Ouster has to be pleaded and should depict as..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for declaration of title - Plaintiff was not a party to civil suit which was decided by Lok Adalat on account of compromise - Husband of plaintiff who was party to said suit was also not alive at the time of compromise - Said award is certainly not at all binding upon her - Plaintiff rightly..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Co-sharers - No injunction can be granted against other co-sharers unless and until plaintiffs are proved to be in exclusive possession of suit property to ouster of other co-sharers - Ouster has to be pleaded and should depict as per prima facie material on record - Only remedy available is to file..........
Civil Procedure Code, 1908, Section 11, Order 7, Rule 11, Civil Procedure Code, 1908, Order 2, Rule 2 -- Rejection of plaint - Barred by res judicata and O.2.R.2 CPC - Facts as well as questions in issue in second suit as also first suit are identical - First suit was dismissed after a full fledged trial and title to shares was held to be that of defendant and not of..........
Civil Procedure Code, 1908, Section 11 -- Res judicata between co-defendants - Applicable when following conditions are satisfied: (i) there must be a conflict of interest between co-defendants; (ii) it must be necessary to decide that conflict in order to give relief to plaintiff; (iii) question between co-defendants must have been finally decided; and (iv) co-defendants..........
Civil Procedure Code, 1908, Section 11 -- Res judicata between co-defendants - Plaintiff and defendant were co-defendants in earlier suit and were on same side of fence and had contested the suit - There was no conflict of interest inter se between them - In such circumstances principle of res judicata cannot be applied - Suit of plaintiff not barred by res judicata...........
