Civil Procedure Code, 1908, Order 8, Rule 6A -- Counter claim - Possession of plaintiff over suit property is not disputed - Necessary consequences of declaring general power of attorney and lease deed executed in favour of plaintiff was restoration of possession - However, defendant failed to seek consequential relief of restoration of possession - Counter claim seeking..........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit with liberty to file fresh suit on the same cause of action - Suit inadvertently filed in the name of business entity - Suit should have been filed in the name of person in whose favour lease deed was executed - There was no privity of contract between said business entity and defendant - Plaintiff..........
Perpetual lease in favour of Company -- Amalgamation of lessee company with another Company - Transfer of lease property - Specific clause in the order of amalgamation which holds that plots in question stand transferred from original permanent lessee to transferee/appellant - Transfer is made based on petition filed by lessee and transferee for seeking amalgamation - It..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Eviction suit - Amendment sought to incorporate the plea that tenancy is protected u/s 114 of Transfer of Property Act - Said provision is attracted only where a lease of immovable property is determined by forfeiture and not otherwise - Admittedly, this is not the case in hand - Proposed..........
Civil Procedure Code, 1908, Order 13, Rule 4 -- Admissibility of document - Objection as to - Agreements marked are though unregistered lease deed, however, same are admissible for collateral purpose in view of S.49 Proviso of Registration Act - Moreover, these agreements are not inherently inadmissible - Objection rejected...........
Civil Procedure Code, 1908, Order 13, Rule 4 -- Admissibility of document - Objection as to - Agreements marked are though unregistered lease deed, however, same are admissible for collateral purpose in view of S.49 Proviso of Registration Act - Moreover, these agreements are not inherently inadmissible - Objection rejected...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Set aside subject to condition for deposit of Rs.10 lakhs - Huge amounts were due from defendant to plaintiff - Defendant is continuing in possession of property under license agreement for past four years without paying any amount either as lease amount or license fee - Court had imposed a condition for..........
Registration Act, 1908, Section 49, Proviso -- Un-registered lease deed - Can be shown to prove nature and character of possession but it cannot be used to prove the terms of lease and unregistered lease deed is admissible in evidence for collateral purpose for proving possession of a party...........
Transfer of Property Act, 1882, Section 105, Easements Act, 1882, Section 52 -- Lease or license - Intention of parties is the real test for ascertaining of character of a document as a lease or license - If property remains in possession and control of owner and only right to use property in a particular way or under certain terms is given, then it is license - Whereas,..........
Transfer of Property Act, 1882, Section 105, Easements Act, 1882, Section 52 -- Lease or license - Intention of parties is the real test for ascertaining of character of a document as a lease or license - If property remains in possession and control of owner and only right to use property in a particular way or under certain terms is given, then it is license - Whereas,..........
