Civil Procedure Code, 1908, Order 8, Rule 6A -- Counter claim - Suit for permanent injunction by tenant restraining landlord from evicting him without following due process of law - Defendant can advance a counter claim with the relief of eviction, arrears, house rent and damage - In view of admitted relationship, such a counter claim can never be said to be not..........
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 6, Rule 17 -- Impleadment - Amendment of plaint - Suit for declaration on the basis of adverse possession - Suit is not maintainable - Claim can only be agitated by way of defence - Once suit itself is not maintainable then applications seeking impleadment and amendment automatically become..........
Easement Act, 1882, Section 52, Court Fees Act, 1870, Section 7(v) -- Licence - Termination - Suit for mandatory injunction for possession - Suit is maintainable if filed within a reasonable time of termination of licence and if suit is not filed within a reasonable time and is filed with unnecessary delay then suit for possession has to be filed and court fees payable..........
Rent and Eviction -- Eviction suit against tenants of Waqf property is maintainable before Small Causes Court...........
Civil Procedure Code, 1908, Section 9 -- Jurisdiction of Civil Court - Land acquisition proceedings - Suit seeking declaration for compensation in terms of Land Acquisition Act, is barred and not maintainable...........
Specific Relief Act, 1963, Section 34 -- Suit for declaration - Suit for mere declaration that plaintiff is entitled for certain amount of compensation, damages, solatium and interest without seeking relief of recovery of such amount from defendant, is not maintainable...........
Specific Relief Act, 1963, Section 34 -- Suit for declaration - Simple suit for declaration without claiming alternative relief of injunction, if plaintiff is in possession, or of possession, when plaintiff is out of possession, is not maintainable...........
Transfer of Property Act, 1882, Section 54, Specific Relief Act, 1963, Section 31 -- Cancellation of sale deed - When sale deed in question continues to be valid and defendant had become owner of suit property, suit of plaintiff seeking cancellation of sale deed is not maintainable...........
Civil Procedure Code, 1908, Order 1, Rule 9 -- Non-joinder of necessary party - Eviction suit - Maintainability - All the legal heirs of original tenant are covered under the expression `tenant' and their no, impleadment would consequently be fatal for eviction suit - Suit, held, not maintainable...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for specific performance - Amendment sought to challenge cancellation of agreement to sell - Challenge to cancellation of agreement to sell is ancillary to main relief already sought in suit - Independent suit for that purpose will not be maintainable - Delay in filing application in these..........
