Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - No injunction can be granted against true owner, only when the person seeking the relief is in lawful possession and enjoyment of the property and also legally entitled to be in possession, not to dispossess him except according to procedure of law...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - An encroacher cannot seek an equitable relief of injunction so as to prevent the real owner from protecting the property...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Plaintiff claims to be absolute owner of suit property having acquired the same under registered gift deed from her husband - However, there is no reference to source of title of husband of plaintiff as per said gift deed - Even, there is no other document filed to show that husband of plaintiff or..........
Hindu Marriage Act, 1955, Section 16 -- Legitimate/illegitimate children - Marriage between parents of plaintiff during subsistence of previous marriage can be a matter of presumption - However, by operation of S.16(1) of the Act, children born in second marriage become legitimate and entitled to property of father...........
Civil Procedure Code, 1908, Section 16 -- Jurisdiction - Immovable property - Suit for determination of any other right to or interest in immovable property shall be instituted in the Court within the local limits of whose jurisdiction the property is situate...........
Rent and Eviction -- Landlord & Tenant - A person without being the owner of immovable property can well be the landlord and in that event a person coming to occupy the said property as a tenant under the said landlord is estopped from questioning the right or status of the landlord...........
Rent and Eviction -- Landlord and tenant - Landlord seeking eviction of tenant - State of Orissa is the recorded owner of suit property - However, State of Orissa not impleaded as a party to the eviction petition - A person without being the owner can well be the landlord - Suit can never fail for non impleading the owner as a party - There is no need for compliance of..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit for specific performance - Constructions were made over suit property during pendency of appeal before first appellate Court - Appellate Court while exercising its discretion and in order to preserve the property till hearing of appeal has passed injunction order only till next date of hearing -..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Eviction suit - Amendment sought to incorporate the plea that tenancy is protected u/s 114 of Transfer of Property Act - Said provision is attracted only where a lease of immovable property is determined by forfeiture and not otherwise - Admittedly, this is not the case in hand - Proposed..........
Dowry Prohibition Act, 1961, Section 2(i) -- Dowry - Essential element of dowry is payment or demand of money, property or valuable security given or agreed to be given as consideration of marriage...........
