Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, Section 24 -- Acquisition of land - Award regarding acquisition of land belonging to appellant was passed - However, appellant has not been dispossessed till date and possession is still retained by him - Appellant is entitled for protection u/s 24(2) of Act -..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Suit for possession - Amendment sought to add preliminary objection regarding jurisdiction of civil Court to entertain suit as matter relates to consolidation - Proposed amendment would not change nature of case and is necessary for determination of real question in controversy though filed at..........
Adverse possession -- Cannot be accepted against true owner, if person claiming such possession over property, is without knowledge or indirect permission of true owner...........
Possession -- Suit for recovery of possession - Mesne profits and damages for use and occupation - Liability of person in occupation and possession of property without any right or title thereto and continuing in possession of property in spite of demand of person entitled to possession, mesne profits, damages for unauthorized use and occupation does not come to an end..........
Possession -- Suit for recovery of possession - Mesne profits and damages for use and occupation - Plaintiff proved to be exclusive owner of property - Defendant admittedly in possession of property as licence at the time of filing of suit and thereafter for several years - Though defendant left the property but did not deliver back the possession to plaintiff - Such..........
Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - Parties to earlier suit for declaration and subsequent suit for possession same - Subject matter and relief claimed in both the suits entirely different - Even matter in issue directly and substantially in both the suits is not same - Provision of S.10 CPC not applicable to suits filed by parties -..........
Hindu Minority and Guardianship Act, 1956, Section 8 -- Property of minor - Sale without legal necessity - Such transaction in contravention of mandatory provision of S.8 of Act and thus, voidable - Unless such a transaction is impeached or set aside, question of recovery of possession of that property does not arise...........
Limitation Act, 1963, Article 60 -- Minor's property - Sale by guardian without legal necessity - Suit for possession by avoiding transfer by minor - A quondam minor plaintiff challenging transfer of an immovable property made by his guardian in contravention of S.8 of Hindu Minority and Guardianship Act and who seeks possession of property can file suit within limitation..........
Specific Relief Act, 1963, Section 37, 38 -- Perpetual injunction - Plaintiff owned the suit property as disciple of deceased/mahant by way of Will - Defendant himself admitted that whole property was under ownership/mahantship of deceased, thus there remains no room for any doubt that deceased had authority to execute Will in favour of plaintiff - Even execution of Will..........
Transfer of Property Act, 1882, Section 106 -- Notice - Termination of tenancy - Where notice u/s 106 TPA, terminating tenancy has been issued defendants would have no grievance to defend ejectment and have to surrender possession as and when interference of the Court is sought...........
