Partition suit -- Twin pleas of prior partition and ouster taken by defendant - Defendant should have elected any one of them at trial since these two pleas are mutually exclusive - However, such election not made by defendant - Even assuming that plea of ouster can be taken as an alternative plea, very strong evidence is required to show actual ouster, which defendant..........
Civil Procedure Code, 1908, Order 6, Rule 17, Specific Relief Act, 1963, Section 21(5) -- Amendment of plaint - Suit for specific performance - Relief of compensation sought as alternative relief by way of amendment of plaint - Alternative relief of compensation can be claimed at any stage of proceedings as per S.21(5) of Specific Relief Act - Law of limitation does not..........
Consumer Protection Act, 1986, Section 12 -- Deficiency in service - Allotment of flat - Delay in handing over flat - Damages - Reckoning date - Complainants tried to execute agreement and sought for conveyance of property through National Consumer Commission - Even in first appeal, offers were being made on behalf of appellants to convey alternative properties, which were..........
Protection of Women From Domestic Violence Act, 2005, Section (2)(s), 17, 19 -- Shared household - Right of residence - House exclusively belongs to father-in-law - It cannot be called as a `shared household' within the ambit of S.2(s) of the Act - Daughter-in-law thus, has no right to claim right of residence in said house - Father-in-law cannot be restrained from..........
Land Acquisition Act, 1894, Section 4, 6, 23 -- Acquisition of land - Act does not provide for grant of alternative plots to landowners...........
Specific Relief Act, 1963, Section 34, Easement Act, 1882, Section 60(b) -- Suit for declaration of title and possession - Inconsistent pleas of ownership and easement in alternative taken by defendant - Plaintiff proved that he is owner of property - Defendant having failed to prove his ownership, cannot now be permitted to turn around and claim that by virtue of..........
Wakf Act, 1995, Section 83(9) -- Order passed on application U.O.6.R.17 CPC filed in waqf suit - When specific alternative mode of redressal is provided to challenge order passed on application U.O.6.R.17 CPC, Court is not inclined to exercise supervisory jurisdiction under Art.227 of Constitution to examine legality or correctness of that order under law - Therefore,..........
Protection of Women From Domestic Violence Act, 2005, Section 19 -- Alternative accommodation - Wife claiming right of residence in the house which exclusively belongs to mother-i, law - Said house is not a shared household - Alternative accommodation provided to wife by husband - However, such accommodation is unsuitable for residence - But it was thereafter renovated -..........
Uttar Pradesh Urban Buildings (Regulation of Letting to Rent and Eviction) Act, 1972, Section 21(1)(a) -- Release of premises - Bonafide requirement - Comparative hardship - There is no evidence on record that petitioners has ever made any serious effort to search out any alternative accommodation - Hence, comparative hardship not proved on record - Petition dismissed...........
Agreement to sell -- Suit for specific performance - Grant of alternative relief of recovery of amount - Loan transaction - Agreement to sell shows that intention of defendant was to pay outstanding amount of loan taken from plaintiff and not to sell property - When defendant failed to perform as per agreement, then another agreement was executed - Trial Court rightly..........
