Specific Relief Act, 1963, Section 6 -- Dispossession - Suit for recovery of possession - Plaintiff having been in constructive possession of suit property through her husband cannot be dispossessed by defendants - Any right that defendants may have in suit property as per Will propounded by them would be subject matter of pending testamentary case - However, pendency of..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Withdrawal of suit simplicitor without liberty to file a fresh suit - Subsequent suit filed after 20 years - Held, suit is not maintainable and is liable to be rejected U.O.7.R.11 CPC...........
Adverse possession -- Suit for declaration of title on the basis of adverse possession - Suit is not maintainable - Plea of adverse possession cannot be made as weapon of offence, rather said plea is available to party in defence - Moreover, once plea of adverse possession has been set up by plaintiffs, it pre-supposes the ownership of defendants over the suit land - Since..........
Specific Relief Act, 1963, Section 39 -- License - Termination by serving notice - Defendant pleading to be tenant over the land in question - Plea of defendant that it is only the eviction petition under the Rent Act which is maintainable - Defendant failed to prove himself to be statutory tenant as pleaded by him - Defendant failed to show any document supporting his..........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration, joint possession and permanent injunction - Maintainability - Defendants acquiring estate of deceased on basis of Will executed by him - Although execution of Will has been proved by defendants no.1, but deceased could not bequeath more than 1/3rd of his share without consent of plaintiff and defendant no.4..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration - Mere suit for declaration simpliciter would not be maintainable without seeking consequential relief of possession, when there is no evidence on record that plaintiff was in joint possession of suit property...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Settlement in Lok Adalat - Cheque issued as per settlement dishonoured - Second complaint - Held, second complaint is not maintainable as cheque was not issued in discharge of debt or liability - However, complainant is liberty to take appropriate action for enforcement of settlement arrived at between..........
Civil Procedure Code, 1908, Order 35, Rule 5 -- Inter-pleader suit - Not maintainable when agents sue their principals or tenant sue their landlords for the purpose of compelling them to interplead with any persons other then the persons making claim through such principals or landlords...........
Civil Procedure Code, 1908, Section 151, Order 7, Rule 11 -- Restoration of suit dismissed U.O.7.R.11 CPC - Application u/s 151 CPC for restoration of suit is maintainable even though rejection of plaint amounts to a decree, which is appealable...........
Civil Procedure Code, 1908, Order 1, Rule 9 -- Necessary party - Suit is not maintainable in absence of a necessary party...........
