Rent and Eviction -- Sub letting - Inducting a partner - Tenant entering into partnership - Profit and loss 50% each - General power of attorney given to run business - Sub letting in disguise of partnership alleged - No material available on record to hold partnership was brought into existence for disguising a sub letting in reality - Tenant not liable to be evicted on..........
Sale deed -- Sale by power of attorney holder - General power of attorney - Power to lease, mortgage and sale specifically given - Sale is valid...........
Specific Relief Act, 1963, Section 34 -- Suit for declaration that plaintiff is the owner in possession of suit property - Sale deed in favour of defendant No.1 executed by defendant No.2 is illegal, void and does not confer any right - Agreement to sell executed by plaintiff in favour of defendant No.1 - Signatures admitted - When signatures are admitted it is for the..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Power of attorney - Payee authorising her husband through a letter to file complaint on her behalf - Authority letter did not state that payee would be bound by the acts of her husband - Held, authority letter could not be equated with General or Special Power of Attorney - Complaint not property..........
Chandigarh Lease Hold of Site and Building Rules, 1973, Rule 12(3) -- After payment of first instalment became due surrender of plot by general power of attorney of allottee - Cancellation of lease and forfeiture of 10% of total premium plus ground rent - Plea that general power of attorney not authorised to apply for surrender of plot - Not tenable as different clauses of..........
Constitution of India, 1950, Article 226 -- Laches - Unexplained delay of almost 5 years between date of cancellation of lease and filing of writ petition - Total silence for a period of 5 years makes petitioner's attempt to explain delay (inasmuch as petitioner has come to India after 5 years for completing formalities in connection with plot allotted having appointed his..........
Capital of Punjab (Development and Regulation) Act, 1952, Section 8A -- Resumption of plot on ground of violation of Rule 5 of Punjab Capital (Development and Regulation) Building Rules, 1952 - Order challenged by mortgagee who is also holder of general power of attorney from allottee - Objection raised in written statement to maintainability of writ petition and locus..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Agreement to sell - Entire consideration amount received - Power of attorneys executed in favour of the vendees to deal with the property in any manner whatsoever - Vendor left with no right, title or interest in the properties - Cancellation by defendant - Suit for declaration and permanent injunction praying for staying..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction restraining defendants from alienating suit property in a suit for specific performance - Explicitly mentioned in agreement that executant only a Karinda - Fact that Karinda signed as attorney the written statement - Cannot be said that Karinda could even execute agreement of sale - No special general..........
Civil Procedure Code, 1908, Order 13, Rule 2, 1 -- Documents - Late production - Two documents in question purporting to be a Board resolution and general power-of-attorney could not be filed at an early stage due to negligence of the Counsel - A litigant should not be made to suffer for fault of its advisors or functionaries responsible for the lapse - Good cause for..........
