Civil Procedure Code, 1908, Order 39,, Rule 1, 2 -- Exclusive possession claimed on the basis of one entry in Jamabandi and Khasra Girdawari - Land in dispute described as 'Jumla Mustarka Malkan' - Change in entry in Jamabandi not supported by reason or the basis for such change - On the basis of stray entry in Jamabandi exclusive possession over the suit land cannot be..........
Specific Relief Act, 1963, Section 19(b) -- Subsequent purchaser - Bonafide purchaser for valuable consideration without notice - Subsequent purchaser has to be vigilant before execution of sale deed - Recital in sale deed that plaintiff is in possession of suit land as a lessee - It is a sufficient notice that land is not free from all encumbrances - Subsequent purchaser..........
Interest -- Residential plots - Allotment of - Non-providing of basic amenities by Municipal Corporation amount to deficiency in service - When the possession has been given, the rate of interest shall not exceed 12% p.a. - Direction for payment of interest @ 12% p.a. instead of 18% p.a...........
East Punjab Urban Rent Restriction Act, 1949, Section 13(4) -- Eviction on ground of personal need - If premises is sold or again rented out to some other person within 12 months after obtaining possession, tenant is entitled to restoration of possession...........
Consumer Protection Act, 1986, Section 2(1)(g), 14(1)(d) -- Plot allotment - Deiay in delivery of possession - Interest - The failure on the part of petitioner to deliver possession within a reasonable time - Possession give after 8 years - Held to be a clear case of deficiency in service on the part of petitioner - Continuous cause of action - Complaint within time limit..........
Consumer Protection Act, 1986, Section 2(1)(g), 14(1)(d) -- Housing - Flat allotment - Delay in handing over possession - Compensation - Held that if the advertisements are made, in order to attract prospective buyers, and if by a public authority the word is not kept then no hesitation in fastening deficiency in service - Provision existing in terms of `payment of..........
Indian Penal Code, 1860, Section 97 -- Private defence in regard to property - To raise a right of private defence in regard to property it has to be proved that accused was in possession of land and deceased trespassed thereinto...........
Civil Procedure Code, 1908, Section 47, Order 21,, Rule 97, 99, Civil Procedure Code, 1908, Section , Order 22, Rule 5 -- Adjudication of inter-se dispute between legal heirs of decree holder - Suit for possession - Plaintiff died during pendancy of second appeal - One of the legal heirs impleaded as legal representative of deceased plaintiff on the basis of unregistered..........
Civil Procedure Code, 1908, Order 20,, Rule 7, Civil Procedure Code, 1908, Section , Order 21 -- Limitation Act, 1963, Article 136 - Execution of decree - Period of Limitation - Starting point - Suit for declaration of title and recovery of possession - Suit decreed by Trial Court - Appeal & Revision dismissed - No stay granted during pendency of appeal & revision -..........
Evidence Act, 1872, Section 110 -- Burden of proof - Chose in action - Section 110 of the Evidence Act would be applicable only to a `thing', which is capable of being possessed - A chose of action is not a `thing' - As by definition it not in the possession of someone, but that possession has to be acquired by some action which is why it is called a chose in action...........
