Banking -- Loan for purchase of vehicle - Seizure of vehicle by use of force - Practice of hiring recovery agents, who are musclemen deprecated which needs to be discouraged - Bank should resort to procedure recognized by law to take possession of vehicles in cases where the borrower may have committed default in payment of the instalments instead of taking resort to..........
Limitation Act, 1963, Article 64 -- Adverse possession - Whether tenant's possession be taken into account in calculating the period of twelve years under Article 64 of the Limitation Act - Case remitted to High Court to decide the question...........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 89, 90, 99 -- Suit for possession by way of partition - Preliminary decree for partition passed - Final decree applied for - Local Commissioner appointed to suggest mode of partition - Objections filed by one defendant - Dismissed - Son of said defendant filed objections contending that he being tenant in occupation of..........
Limitation Act, 1963, Section 27, Article 64, 65 -- Adverse possession - Extinguishment of right to property - Sec. 27 operates to extinguish the right to property of a person who does not sue for its possession with in the time allowed by law - Right extinguished is the right which the lawful owner has and against whom a claim for adverse possession is made...........
Limitation Act, 1963, Article 63, 64 -- Adverse possession - Requirements - Plaintiff who makes a claim for adverse possession has to plead and prove the period and date on and from which he claims to be in exclusive, continuous and undisputed possession to the knowledge of the real owner - He has to show his hostile title and its communication to real owner...........
Limitation Act, 1963, Article 63, 64 -- Adverse possession - Whether question of law or fact - Question whether possession is adverse or not is often one of simple fact but it may also be a conclusion of law or mixed question of law and fact - Inference drawn from facts proved as to ouster or adverse possession is a question of law to be considered by Court...........
Civil Procedure Code, 1908, Section 96, 100 -- Suit for declaration of title and possession - Dismissed by Trial Court - Appeal partly allowed by First Appellate Court - Regular Second Appeal filed by Plaintiff - Defendant not challenged correctness of judgment and decree of First Appellate Court - High Court reversed the relief granted to plaintiff by First Appellate..........
Transfer of Property Act, 1882, Section 109 -- Transferee of property - Entitled to recover rent - Agreement of sale in favour of tenant and tenant in possession in part performance of contract - Held, mere agreement of sale does not create an interest in the property - Tenant is not absolved of his liability to pay rent...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Availability of such a right to defendant - Initially restraint order passed from interfering in peaceful possession of plaintiff - Just after five days defendant seeking temporary injunction against plaintiff from changing nature of agricultural land and from selling of land to third parties -..........
Limitation Act, 1963, Article 21, Civil Procedure Code, 1908, Order 1, Rule 10, Hindu Succession Act, 1956, Section 8 -- Impleadment of Reversioner as party to suit - Suit for possession being nearest reversioners - Application under Order 1 Rule 10 for impleading party being sister's son of the deceased - Application filed 5 years after death of original owner - Declined..........
