Specific Relief Act, 1963, Section 39 -- Mandatory injunction - Suit for mandatory injunction simplicitor without seeking relief of declaration regarding right of way or access by way an easement is maintainable, where there are no two landlords or two different owners involved in dispute...........
Adverse possession -- Suit for declaration, on the plea of adverse possession, is not maintainable - Plea of adverse possession is available only as a defence...........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Earlier suit withdrawn without reserving any right or liberty to file any fresh suit - Fresh suit seeking same relief is not maintainable - Absence of one of defendant in subsequent suit cannot be a ground for refusing prayer for rejecting plaint...........
Civil Procedure Code, 1908, Order 21, Rule 11(2) -- Execution - Petition in writing by a person who is acquainted with the facts of the case and not necessarily by the very same person, who may have been authorized to institute the original suit proceedings - Held, execution petition is maintainable...........
Civil Procedure Code, 1908, Section 115 -- Revision - Maintainability - Order dismissing petition filed for marking Xerox copy of Will - Revision against said order is not maintainable as order cannot be said to be one which would have resulted in final disposal of suit - Revision dismissed...........
Agreement to sell -- Specific performance - Clause in agreement as to payment of double the amount of earnest money in case of failure to execute sale deed by vendor - Held, only because such a clause exists, suit for specific performance of contract cannot be said to be not maintainable...........
Agreement to sell -- Specific performance - Plea of cancellation of agreement - Said plea is not substantiated as no such plea was raised by defendant in her reply to the legal notice sent by plaintiff for execution of sale deed - Even otherwise, defendant has not challenged the judgment passed by appellate Court allowing alternative relief of recovery of advance amount,..........
Family Courts Act, 1984, Section 7, Civil Procedure Code, 1908, Section 37 -- Jurisdiction of Family Court - Execution proceedings - Family Court has no jurisdiction to execute decree as expression `suit' or `proceeding' used in S.7 of Family Courts Act does not include execution proceeding - Bar contained in S.8 of Family Court Act therefore, not applicable - Execution..........
Civil Procedure Code, 1908, Section 96, Order 1, Rule 10 -- Appeal by co-owner for eviction on ground of bona fide requirement - Other non willing co-owners impleaded as proforma defendants in suit not impleaded as party in appeal - Held, co-owners are necessary party - Appeal is not maintainable...........
Adverse possession -- Suit for declaration claiming title on the basis of adverse possession is not maintainable - Plea of adverse possession can be raised only in defence and is not a plea of attack...........
