Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13, Civil Procedure Code, 1908, Order 7, Rule 11 -- Eviction petition - Rejection of eviction petition - Admittedly, present eviction petition was filed in the year 2014 and property was brought within limits of Municipal Corporation, vide notification 2010 which was prior to filing of present eviction..........
Civil Procedure Code, 1908, Section 9 -- Jurisdiction of civil Court - Suit for Mandatory injunction - Title of plaintiff over suit property is not admitted by defendant - Even, plaint does not disclose as to how plaintiff acquired title over property in question - Specific case of defendant in written statement is that he became owner of part of suit property under..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for specific performance - Amendment sought to incorporate relief of cancellation of sale deeds executed by defendants and declaring them as null and void - However, plaintiff has knowledge with regard to execution and registration of said sale deeds at the time of filing of suit - After expiry of..........
Civil Procedure Code, 1908, Order 21, Rule 30, 37 -- Execution - Money decree - Simultaneous execution for arrest of JD and also for attaching his salary - Earlier E.P for attaching salary of JD was dismissed for default - Subject E.P was filed for arrest of JD - JD is a Teacher and drawing salary of Rs.16,000 and he did not pay any amount after dismissal of earlier E.P -..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Disputed property whether falls within Khasra as claimed by petitioner or Khasra as claimed by respondent - One of the proper method for ensuring a complete and just adjudication of said dispute will be by way of demarcation of property - Impugned order, dismissing application, set aside...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Eviction suit - Applicant sought his impleadment claiming to be joint tenant of property being son of original tenant - However, application filed after about 10 years from date of filing suit, is only to delay the disposal of suit - Moreover, applicant is neither in possession of suit property nor..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Advocate Commissioner - For noting down physical features and topography of suit property - Partition suit - Suit filed for seeking partition of agricultural land - Even, assuming that suit is ultimately allowed, division of property would be required to be worked out by metes and bounds at the time of passing..........
Protection of Women From Domestic Violence Act, 2005, Section 20, Civil Procedure Code, 1908, Section 11 -- Monetary claim u/s 20 of PWDV Act rejected by Magistrate - Seeking same relief in Family Court - Substantial issue in proceedings u/s 20 of Act of 2005 is domestic violence and relief of monetary claims is ancillary relief - Outcome in ancillary proceedings that too..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - After commencement of trial - Suit for declaration and partition - Amendment sought for altering shares of parties - Proposed amendments are not in the nature of changing nature and character of suit - Amendment allowed with costs of Rs.1000/- considering delay...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Revenue entries qua tenancy of plaintiff and his payment of rent - Corrected by competent revenue authorities in favour of defendant and even appeal filed by plaintiff against order of revenue authorities has been dismissed by competent statutory appellate authority - Plaintiff cannot claim to be in..........
