Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Status quo order - Should be avoided when both parties claim to be in possession as it causes confusion and in many cases even lead to breach of peace...........
Civil Procedure Code, 1908, Order 1, Rule 3, Succession Act, 1925, Section 63 -- Necessary party - Probate proceedings for grant of letters of administration in regard to Will - Challenge and resistance by widow of alleged testator and her death during pendency of proceedings - Person claiming to be legatee under Will executed by deceased widow and also to be in possession..........
Criminal Procedure Code, 1973, Section 145, 482 -- Proceedings u/s 145 Cr.P.C. - Appellant held to be in possession - Revision against, dismissed - High Court set aside the order holding that respondent had not been given an opportunity to file written statement and adduce evidence - Held, High Court erred in law in exercising its jurisdiction under Section 482 Cr.P.C...........
Plot allotment -- Not giving possession of the allotted plot or in the alternative to give possession of an alternate plot by the OP held be deficiency in service on the part of the OP - OP directed to give to the complainants an alternate plot of the same size on the same price, which was prevalent at the time of allotment - However, no relief of payment of compensation..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, 7 -- Possession of immovable property - Includes possession of movables and immovable attachments therein - In the interlocutory proceedings for injunction plaintiff found to be in possession of a house - Defendant cannot plead that his belongings are lying in suit property and seek order of Court for preservation of those..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Status quo - Police help for implementation - Cannot be granted - When an order of status quo is passed the possession is in fluid stage and it is not finally decided as to which of the party is in possession - To establish this fact, the parties are required to lead evidence in support of their respective contentions - If..........
Punjab Public Premises and Land (Eviction and Rent) Recovery Act, 1973, Section 5 -- Stay of execution of eviction order - Eviction proceedings under the Act attained finality - Unauthorised occupant not entitled to continue in possession...........
Civil Procedure Code, 1908, Order 40, Rule 1 -- Receiver - To collect rent of suit property and maintain accounts - Suit for partition and separate possession between mother and daughter - Appellant a very old lady who cannot take upon herself the task of collecting rent from the tenants regularly and maintain accounts and to ensure proper maintenance of the structure etc...........
Agreement of repurchase -- Specific performance - Ready and willing - Plaintiff cannot be expected to be in possession of sufficient funds immediately after execution of the agreement of reconveyance - As the period fixed for reconveyance is three years as such it is to be seen whether plaintiff was ready and willing to perform his part of the contract within three years..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local commissioner - Suit for injunction - Encroachment of property and its boundary in dispute - Local commissioner can be appointed for measurement of property and to demarcate the boundaries of the property - However, Local Commissioner cannot go into question as to who is in possession of the property...........
