Specific Relief Act, 1963, Section 6 -- Question of title is irrelevant in suit u/s 6 - Basis for such suit is proof of previous possession within six months before filing suit - No documentary evidence produced to prove previous possession - Reliance cannot be placed on mere oral testimony of both parties which is only oath against oath - Dispossession need not be of..........
Civil Procedure Code, 1908, Order 21, Rule 16 -- Some of the decree holders transferring their rights to some of the judgment debtors - Transferee judgment debtor cannot be equated with a co-sharer to be in possession alongwith the other joint decree holders - They can only be considered as one of the joint decree holders - They are entitled to actual delivery and not..........
Civil Procedure Code, 1908, Order 21, Rule 35 -- Decree for specific performance - Possession - Mortgagees in possession prior to sale deed - If the fact of mortgage is not mentioned in the agreement to sell or the same is concealed then the mortgagee cannot be penalised - Till redemption of mortgagee symbolic possession can only be delivered...........
Possession -- Once it is conceded that symbolic possession can be delivered under the decree then there is no reason to restrain from obtaining physical possession of land...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Injunctio, Normally not granted in case a person wants to take possession by executing a decree - Ad interim injunction that plaintiff may not be dispossessed by force - Defendant declared owner in civil suit and in execution obtained symbolic possession - Ad interim injunction declined by trial Court but granted by..........
Pepsu Tenancy and Agricultural Lands Act, 1955, Section 32E -- Utilisation of surplus area - Land declared surplus with big landowner - Vesting takes place on the date possession 6f surplus area is taken - Surplus area allotted - Crops standing on surplus area - Symbolic possession delivered - Allottees directed to deposit compensation and possession of land shall be..........
Civil Procedure Code, 1908, Section 144 -- Application for restoration of possession - Limitation - 3 years from date of delivery of possession - Actual possession of land never delivered - Symbolic possession delivered - Limitation would start from date of delivery of symbolic possession...........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 35 -- Symbolic possession delivered in execution of decree-Decree deemed to hare been satisfied - Second execution application for actual possession - Does not lie - Fresh suit for actual possession - Not barred by Section 47 - Remedy for decree-holder after delivery of symbolic possession - By way of a fresh suit and..........
Civil Procedure Code, 1908, Order 21, Rule 35 -- Decree for possession - Symbolic possession delivered in execution of decree - Fresh suit for actual possession - Competent...........
Civil Procedure Code, 1908, Section 47 -- Symbolic possession obtained U/O.21.R.95 CPC - Subsequent suit for actual possession not barred...........
