Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleading of a party - Suit for specific performance - Son of defendant No.1 seeking impleadment on the plea that suit property is ancestral property and he has interest therein and therefore he is a necessary party - A stranger to contract for sale claiming independent title is not a necessary party - Claim of applicant of..........
Registration Act, 1908, Section 17,49 -- is compulsorily registrable - Arbitration Award which purports or operates to create, declare any right, title or interest in any immoveable property of value of more than ,R. ,S. 100 - Unregistered awards which are compulsorily registrable u/s 17(1) (b) of the Act could neither be admitted in evidence nor can decrees be passed in..........
Stamp Act, 1899, Section 156, 165, Article 35, 63 - - Levying of stamp duty - Lease of land - Petitioner has paid the stamp duty as provided under Article 35 of Schedule I-B of the Stamp Act - There is specific provision under Article 63 of the Stamps Act that lessee can also transfer lease rights to any other person if there is a condition in the lease deed for transfer..........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Applicability - In earlier suit, dispute was only regarding obstruction by making construction of wall by defendant on the drain - Parties were not fighting with regard to their title and possession with respect to any property - Nor there is any finding nor any issue was framed in that suit - In present suit..........
Town Survey Land Record -- Not a record of rights - Entries in TSLR, though relevant, are not conclusive proof of title - TSLR cannot be regarded as a sole guiding factor...........
Civil Procedure Code, 1908, Section 20, Order 7, Rule 11, Specific Relief Act, 1963, Section 20 -- Suit for specific performance of memorandum of understanding - Territorial jurisdiction - No relief for declaration of title to property or for possession of property claimed - Suit for specific performance simpliciter and not suit for land - Held, suit is triable by Calcutta..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Flats were sold away by appellant No 1 in 1983 - Additional FSI or facility of TDR was made available by Govt. in 1994 - Appellants prima facie did not have any right, title or interest either in said plot or on building standing on that plot - Held, if under any new scheme of additional FSI or..........
Local Governance bodies -- Gram Panchayat - Land - Suit for possession - Appellant-plaintiff before lower appellate court had admitted that ownership of land vests in Gram Panchayat - He has also failed to prove that sale deed relied upon relates to suit property - It is admitted case of plaintiff that he lost possession of property some where in the year 1995 - Held, to..........
Civil Procedure Code, 1908, Order 7, Rule 11, West Bengal Government Land (Regulation of Transfer) Act, 1993, Section 21 -- Rejection of plaint - Suit for declaration of title by lessee against sub lessee of Govt. Land - Suit is not barred by law - Civil Court has no jurisdiction only when dispute is between Government and the lessee and not when dispute is between lessee..........
Civil Procedure Code, 1908, Order 21, Rule 97, Bihar Building (Lease, Rent and Eviction) Control Act, 1983, Section 12 -- Eviction - Recovery of possession - Tenant compromised eviction suit with landlord and agreed to vacate suit premises within stipulated period as reported in the compromise decree - Tenant did not vacate suit premises within stipulated time - Execution..........
