Transfer of Property Act, 1882, Section 52 -- Transfer pendente lite - Plea of bona fide purchaser - Agreement to sell entered into between defendant and original owner - However, original owner sold the property in favour of GK prior to initiation of suit against original owner by defendant - Thus, at the time of filing suit for specific performance against original owner..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Eviction suit - Co-owner of property seeking impleadment as a party - If he is permitted to be impleaded as a party then Court would be called upon to adjudicate the dispute inter se the petitioner and applicant - If that happens rent suit would be converted to title suit - No party can be impleaded..........
Adverse possession -- Merely being in possession of a property for a long time by itself cannot create adverse possession and title in favour of person in possession of a property unless he claims title in himself and that also to knowledge of true owner...........
Adverse possession -- Plaintiff neither by way of documentary and/or oral evidence has even claimed that he was in possession of property as owner and has not even disclosed point of time from which his possession, became adverse to true owner - Entire emphasis of plaintiff in plaint has been his being in possession - Merely being in possession of a property for a long..........
Motor Vehicles Act, 1988, Section 166, 149 -- Accident - Compensation - Liability of insurance company - Bus plying under an agreement with the Corporation, met with an accident - It will be deemed that vehicle was transferred alongwith the insurance policy, even if it were insured at the instance of the original owner - Insurance Company is liable to pay compensation...........
Civil Procedure Code, 1908, Order 41, Rule 5, Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Stay of injunction order - Ad interim injunction order passed against third party purchasers through joint owners - When acts of joint co-owner along with other defendants/purchasers and depriving rights of plaintiff as co-owner having joint possession of property, suit for..........
Specific Relief Act, 1963, Section 39 -- Mandatory injunction - Licence - Termination of licence - Owner of immovable property on termination of licence is entitled to maintain a suit for mandatory injunction against the licensee to vacate the property...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Co-owners - Law as to grant of ad interim injunction : Joint ownership and absence of consent of co-owner(s) is definitely a relevant fact to be considered for granting stay in suit filed by a co-owner but it cannot be a straitjacket formula to grant stay in each and every case - Moreover,..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Co-owners - Restraining other co-owners from raising construction - Plaintiff already raised construction - Plaintiff is still entitled to temporary injunction on establishing substantial loss or injury being caused to him by construction raised by other co-owner(s)...........
Specific Relief Act, 1963, Section 34 -- Suit for declaration that gift deed in favour of defendant is null and void - Plaintiff contended that gift deed in question is forged, as original owner was not alive at the time of execution of gift deed - However, no evidence produced in support of such fact - Story as implanted by plaintiffs has not been found believable by fact..........
