Transfer of Property Act, 1882, Section 105 -- Distinction between licence and lease - Ingredients : (i) intention of parties, (ii) attending circumstances at the time of execution of document, (iii) nature of possession being exclusive or permissive, and (iv) relationship created by document - Lease is a relationship of lessor and lessee arising out of agreement to pay..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Stay of execution of order passed by Revenue Court - Civil Court would be reluctant and slow to interfere - When a person is taking possession in accordance with law - Improper to attract provisions of Order 39 Rules 1 and 2 - Defendant should not be restrained from executing orders of Revenue Court...........
Civil Procedure Code, 1908, Order 39, Rule I - - Earlier order of Court directing the parties to maintain status quo regarding possession - Subsequently order modified that order of status quo will not put any hindrance in the proceedings pending before Revenue Authorities - Plea that dispossession in execution of order of Revenue Authorities not permissible as only..........
Civil Procedure Code, 1908, Section 47, 2(2), 2(9), Order 34, Rule 7, 8, 9 - - Suit decreed as prayed for with a direction that plaintiff can execute decree only after deposit of sale consideration proved to have been received by him while executing the document (sale deed) and for this purpose allowed 3 months time - Execution of decree after deposit of amount - Objection..........
Civil Procedure Code, 1908, Section 144 -- It is not necessary to get the benefit of S.144 that the possession should have been lost through a process of execution - If a person is dispossessed under the colour of the decree and that decree is subsequently reversed, then he is entitled to restitution...........
Evidence Act, 1872, Section 65 -- Secondary evidence - Admissibility - Only where original is in possession of other party or where original is lost or destroyed - Certified copy of deed of settlement - Proof of execution and contentions - Held, same cannot be proved by way of secondary evidence when party producing it has not called upon party opposite to produce original..........
Specific Relief Act, 1963, Section 5 -- Suit for possession claiming ownership - Source of ownership not pleaded - Subsequently Will in favour of predecessor relied upon as basis of ownership - No pleading as to execution of Will and no evidence as to age of Will available - Presumption under S.90 Evidence Act not available - Scribe, testator and marginal witnesses all..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- No document has been placed on record which may show that actual possession of land in dispute was handed over to the defendant-petitioner at the time of execution of sale deed or otherwise - Injunction granted affirmed...........
Civil Procedure Code, 1908, Section 51, 58(1), 151, Order 21, Rule 30, 37 -- Proviso - Execution - By wife and minor child against husband for realisation of arrears of maintenance by arrest of husband stating that husband having necessary means to pay, neglected to pay the maintenance amount - Case of husband being total denial of existence of means to satisfy the decree..........
Specific Relief Act, Section 19(1)(b) -- 000/- on 2.4.1974-Suit by plaintiff for specific performance-On appreciation of evidence defendant No. 2 held to be bona fide purchaser for value without notice-Specific performance declined. - 000/- on 27.3.1974 ; subsequently defendant No. 1 sold remaining `A share in property to defendant No. 2 for ,R. ,S. 30, - 000/- on..........
