Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - At appellate stage - Amendment of plaint seeking relief of future mesne profits at appellate stage - Such an application is maintainable even though said relief not included in plaint originally - Claim for future mesne profits stand on a different footing from claim for past mesne profits which have to..........
Specific Relief Act, 1963, Section 37, 38 -- Suit for injunction - Defendant using the disputed land as passage - From this it cannot be concluded that defendant is not in possession of the suit land - Dismissal of suit by first appellate Court - Order upheld...........
Specific Relief Act, 1963, Section 6 -- Tenant - Restoration of possession - Willingly handing over possession alleged - If it was so a consent decree would have been obtained in a pending suit and further there was no necessity to take possession by use of force in presence of police - Lodging criminal complaint immediately and filing a writ petition for appropriate..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Restraint order in favour of plaintiff restraining defendant from (1) alienating suit property (2) from cutting and removing trees (3) from interfering in the peaceful possession of the plaintiff - Order confirmed by High Court in appeal - In the same suit an application filed by defendant seeking same relief also granted..........
Civil Procedure Code, 1908, Order 7, Rule 7 -- Dispossession during pendency of suit - A decree for possession should be passed as Court can always mould the relief in view of changed circumstances...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - At second appellate stage - Suit for permanent injunction - Defendant found to be in possession of one particular khasra number - Suit decreed except that particular khasra number which was found to be in possession of defendant - Amendment sought to seek alternative relief of possession - Allowing..........
Specific Relief Act, 1963, Section 39 -- Restraining retired partner from interfering in possession of property of firm - Retired partner claiming ownership over suit property - However, ownership of firm over suit property and fact of retirement of partner proved - Retired partner instigated tenants of property in not paying rents to the firm - Held, plaintiff is entitled..........
Civil Procedure Code, 1908, Order 8, Rule 6-A, Specific Relief Act, 1963, Section 37, 38 -- Counter claim of possession in a suit for permanent injunction - Both the Courts below decreed the suit of the defendant - Order upheld...........
Agreement to sell -- Specific performance - Suit for - Value of property in question was much more than what was mentioned in agreement to sell - Purchaser was in possession of property as tenant - Purchaser/tenant not paying rent to owner from date of execution of agreement - Mere agreement to sell does not confer any title on purchaser - Purchaser is not entitled to..........
Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Impleading of a party - Life interest holder under a Will seeking relief of injunction restraining defendants in possession from alienating the property - Third party claiming to be real legatee under subsequent Will - Held, such third party is not necessary party as his presence is not required to decide question of..........
