Rent and Eviction -- Tenant who once entered property in question lawfully continues in possession after his right to do so extinguished, is liable to compensate landlord for such time period after right of occupancy expires...........
Stamp Act, 1899, Section 47A(3) -- Stamp duty - Determination of nature of land - Residential or agricultural - Spot inspection by authorities is the key factor in determining the true nature of land or property - Khasra record should not be blindly accepted as accurate on the basis of its description in the official record without validation from on-site inspection - Land..........
Hindu Succession Act, 1956, Section 14(1) -- Property of Hindu Female - For establishing full ownership on the undivided joint family estate u/s 14(1) of the Act, Hindu female must not only be possessed of property but she must have acquired the property and such acquisition must be either by way of inheritance or devise, or at a partition or "in lieu of maintenance or..........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration and permanent injunction - Plaintiffs claimed their ownership over suit property on the basis of sale deed - They have established the boundaries of disputed property given in their sale deed as disclosed in Commission report and Survey Commissioner Report - Plaintiffs have proved that they are owners of..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23 -- Eviction of son - Property of father - Son has taken forcible possession of property and has not taken care of father inspite of four operations of father - Father has to live at different places on the mercy of other persons - Eviction order upheld...........
Civil Procedure Code, 1908, Order 21, Rule 66, 54 -- Auction sale - Proclamation - Sale proclamation should mention the estimated value of the property and such estimated value can also be given U.O.21.R.54 CPC...........
Civil Procedure Code, 1908, Order 21, Rule 54(1), 66 -- Execution - Attachment of property - When only one of attached properties was sufficient to satisfy the decree there was no requirement for effecting sale of entire attached property...........
Civil Procedure Code, 1908, Order 21, Rule 66 -- Execution - Sale of property - Only such portion of property as would satisfy decree is to be sold and not the entire property - Court's power to auction any property or part thereof is not just a discretion but an obligation imposed on the Court and the sale held without examining this aspect and not in conformity with this..........
Indian Penal Code, 1860, Section 395 -- Offence u/s 395 IPC - Identification of accused through TIP, recovery of stolen articles and corroborative evidence of PW2, PW7, PW8 established the commission of offence by accused - Miscreants had carried away the property being truck as well as snatched away the silver locket and wrist watch which was recovered later on - Three of..........
Ancestral Property -- Identity of holding has been changed drastically - Petitioners cannot claim their rights on the land whose identity has been changed drastically - Property cannot be said to be an ancestral property as claimed by petitioners...........
