Civil Procedure Code, 1908, Section 151, Order 21, Rule 58, 97, 99 -- Mortgage by deposit of title deeds - Decree for sale - Objection to decree for sale by third party claiming title to suit property under registered sale deed - There is no provision in Code for objection by third party to object to sale - However, Court has inherent powers to adjudicate upon such claim..........
Civil Procedure Code, 1908, Order 12, Rule 6, Transfer of Property Act, 1882, Section 111 -- Lease for a period of 10 years - Expiry of lease by lapse of time - Held, lessor is entitled to decree on admission of lease...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte decree - Setting aside - Imposing conditions - While restoring a case Court may impose conditions to deposit costs or the decretal amount or some portion thereof or to ask the defendant to give security but such conditions should be reasonable and not harshly excessive...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte decree - Setting aside - Expression 'was prevented by any sufficient cause from appearing' - Should be construed liberally, where the defence is reasonable, defendant approaches the court for setting aside the ex parte decree within statutory period and non-appearance is not mala fide or intentional...........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment passed on admission - Is not a compromise decree...........
Specific Relief Act, 1963, Section 6 -- Tenant - Restoration of possession - Willingly handing over possession alleged - If it was so a consent decree would have been obtained in a pending suit and further there was no necessity to take possession by use of force in presence of police - Lodging criminal complaint immediately and filing a writ petition for appropriate..........
Agreement to sell -- Suit for specific performance - Subsequent purchasers - Considerable amount spent for improvement by subsequent purchasers - Decree for specific performance will cause hardship to the subsequent purchasers - Plaintiff can be compensated by a decree of compensation - It will be inequitable to enforce specific performance of agreement. (Specific Relief..........
Agreement to sell -- Suit for specific performance - Subsequent purchasers - Considerable amount spent for improvement - Inequitable to grant decree for specific performance - Subsequent purchasers directed to pay the plaintiff an amount of Rs.3, 000/- being paid by him as advance together with interest @ 12% from the date of filing of the suit till date of payment...........
Rajasthan Premises (Control of Rent and Eviction) Act, 1950, Section 13(1)(a), 13(6) -- Rent - Second default - Tenant continuing to deposit rent in Court during the pendency of the landlord's appeal against the decree passed in the first suit - It does not amount to second default, as such no cause of action arises to the landlord for filing the second suit for eviction...........
Medical negligence -- Compensation - Excessive Bleeding after delivery resulting into the death of the patient - State held liable for not providing Anaesthetist - Awarding of compensation to the husband and the daughter of the deceased under various heads modifying the judgment and the decree of the Court below...........
