Rent and eviction -- Notice - In State of Delhi even if no legal notice is sent for terminating tenancy, filing of suit and service of summons of suit amounts to termination of tenancy...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Eviction order - Extension of time to vacate - Defendant/tenant not assailing the judgment on merits, as he only wanted six months time to vacate the suit premises - However, when the defendant does not want to pay mesne profits as per the impugned judgment passed on merits, accordingly, there is no scope for..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement at appellate stage - Suit for declaration on the basis of Will - Amendment sought to incorporate the fact that Will produced by plaintiffs has been revoked by testator through registered revocation deed, therefore, plaintiff has no right to file the suit on the basis of revoked Will - However,..........
Rent and eviction -- Sub tenancy - Fact that sub tenant was carrying on business from suit premises was admitted by him when he stepped into witness box - This fact is supported by photographs on record - Trial Court after appreciating evidence passed eviction order on the ground of sub-tenancy, which is affirmed in revisional jurisdiction - Findings recorded by Courts..........
Partition suit -- Partial partition - Difference in the mode of acquisition of suit property and other properties - Parties to the suit are not the only owners of other properties - Held, suit for partial partition is not bad as other properties not included are not acquired by the parties to this suit and those others have nothing to do with the property to which this..........
Agreement to sell -- Specific performance - It is incumbent upon plaintiff in a suit for specific performance to file a map of suit property with the plaint itself especially when agreement pertains to min khasra numbers out of a specific khasra number...........
Agreement to sell -- Suit for specific performance - Non-description of property - Agreement in question cannot be specifically performed, as there is neither any mention of khasra number or plot which was agreed to be sold by defendant in favour of plaintiff, nor there is any mention of area or width of plot - Decree of specific performance, rightly not granted - Grant of..........
Agreement to sell -- Specific performance - Non-examination of defendant No.1 - Not fatal particularly when defendant No.1 sold the property to defendant No.2 and defendant No.2, who actually has interest in suit entered the witness box and supported his case - Moreover, adjudication of case has to be made on the basis of pleadings of parties and material which is placed..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Agreement to sell - Restraint order sought restraining defendant from alienating to property to others - No privity of contract between plaintiff and real owner of suit property - Real owner of suit property cannot be restrained from transferring its property...........
Negotiable Instruments Act, 1881, Section 118(a) -- Pronote - Presumption - Suit for recovery - In the instant case, plaintiff is involved in money lending business without obtaining any licence under Money Lender`s Act and defendant admits his signature on pronote and receipt but with a rider that signatures were obtained on blank paper in fiduciary relationship -..........
