Civil Procedure Code, 1908, Order 22, Rule 3 -- Death of one plaintiff during pendency of first appeal and his L.R's not brought on record - All the plaintiffs claimed common ownership and possession - Appeal stands abated in its entirety...........
Transfer of Property Act, 1882, Section 58(d) -- Usufructuary mortgage - Redeeming features - (a) delivery of possession to mortgagee, (b) mortgagee to retain possession until repayment of money and to receive rents and profits or part thereof in lieu of interest, or in payment of mortgage money, or partly in lieu of interest and partly in payment of mortgage money, (c)..........
Limitation Act, 1963, Article 61 -- Limitation for suit to redeem or recover possession of immovable property mortgaged - 30 years from date of accrual of right to redeem or recover possession...........
Term 'entrustment -- - The term 'entrustment' is not necessarily a term of law, it may have different implications in different context - In its most general significance all it imports is the handing over possession for some purpose which may not imply the conferring of any preparatory rights at all...........
Transfer of Property Act, 1882, Section 39, Hindu Adoptions and Maintenance Act, 1956, Section 20 -- Maintenance - Charge over property - Husband entered into agreement for sale of house when dispute between him and wife started - Purchaser paid advance under agreement without enquiring about his wife and children - Purchaser made a party to suit filed by wife - Wife in..........
Prevention of Food Adulteration Act, 1954, Section 19, 20A -- Warranty - Protection to vendor - Vendor can seek protection if he proves that the article of food purchased is covered by written warranty in the prescribed form and that article of food while in his possession was properly stored and that he sold it in the same state as he purchased it...........
East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948, Section 26(3), 21 -- Unauthorised occupant (trespasser) - Not entitled to be put in possession of land by Consolidation Officer - A mere trespasser cannot be treated as encumbrancer as envisaged under Scheme of Consolidation - Word 'encumbrancer' has to be read in the legal sense of a legal..........
East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948, Section 26(3), 21 -- Application for delivery of possession of land - Delay of almost 11 years after consolidation proceedings concluded in the village - Delay sought to be explained on the basis of some legal proceedings said to have taken place at the instance of another party - Claimant..........
Limitation Act, 1963, Article 134, Civil Procedure Code, 1908, Order 21, Rule 90 -- Auction purchaser - Delivery of possession - Limitation of one year - Starts to run when the sale becomes absolute - Sale confirmed during pendency of objections U.O.21.R.90 - Period of one year starts to run not when sale was confirmed but from the day when objections were finally..........
Rent and Eviction -- Rent - Rate of - Defendant running a school in the building and account books maintained in which entries made about payment of rent - Though burden to prove rate of rent lies on plaintiff but person who is in possession of best evidence is obliged under law to produce the same - Non production of accounts maintained by defendant-tenant would entail..........
