Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 22, Rule 10, Transfer of Property Act, 1882, Section 52 -- Purchaser lis pendence without leave of the Court - Not a bonafide purchaser - Has no locus standi to file an application for setting aside the order and to become a party in the appeal as by that time, not only the appeal was..........
Punjab Land Revenue Act, 1887, Section 116 -- Partition of land - Mode of partition provided that construction at site may not be disturbed and two karam rasta shall be provided to connect land of each share holder - `Naqsha bey' prepared on the basis of actual possession - Challenged - Collector accepted appeal - Allotted land in possession of petitioner to respondents -..........
Specific Relief Act, 1963, Section 37, 41(j) -- Injunction - Property of religious institution - Right of management - Manager has right to manage such property - Plaintiff failed to establish her right to manage as manager - Have no personal right in the religious property - Cannot be said to be in established possession - Cannot be granted injunction against a person who..........
East Punjab Utilisation of Lands Act, 1949, Section 3(1), 7 -- Delivery of possession on termination of lease - Banjar & uncultivable land - Collector took over the possession u/s 3(1) from the owners -Leased out for a period of 20 years - Application u/s 7 of the Act by owners of land for restoration of possession - Allowed by Collector - Appeal by lessees dismissed by..........
Consumer Protection Act,1996, Section 2(1),(g),14(1),(d) -- Plot allotment - Deficiency in service - Compensation - Respondent successful in draw of lots held on January, 1999 - Possession not delivered - District Forum holding deficiency in service and awarding compensation of Rs. 50,000/- for harassment, mental agony and escalation in cost of construction etc. - Held..........
Transfer of Property Act, 1882, Section 53A, Specific Relief Act, 1963, Section 16(c) -- Part performance - Agreement to sell with tenant - Tenant put into possession u/s 53-A - Held, that since tenant was not ready to perform his part of contract he is not entitled to protection u/s 53-A of TPA - Readiness and willingness is not only the requirement of S.16(c) of Specific..........
Transfer of Property Act, 1882, Section 53A -- Part performance - Adverse possession - Agreement to sell - Agreement holder cannot become the owner by adverse possession - In order to protect possession u/s 53-A TPA agreement holder, right from the date of agreement must show his readiness and willingness to perform his part of contract - A person who is not ready and..........
Transfer of Property Act, 1882, Section 53A -- Part performance - Agreement to sell with tenant - Tenant put into possession of property u/s 53-A TPA - Tenant claiming right of ownership by adverse possession - Owner sold the property to plaintiff - Tenant not entitled to protection u/s 53-A TPA and could not retain the possession of property - It is the plaintiff who is..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Status quo - In absence of any finding with regard to possession, Court cannot pass an order of status quo to be maintained by the parties...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Even if a party seeking injunction is capable to establish a prima facie case, unless he is in possession of the disputed property, the Court may refuse to grant injunction considering other ingredients such as irreparable loss and balance of convenience...........
