Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of appeal - Bar of subsequent suit - Earlier suit for injunction was dismissed and appeal against the same dismissed as withdrawn - Subsequent suit for recovery of possession in respect of very same subject matter is not maintainable as appeal was withdrawn, when there were findings against plaintiff regarding his..........
Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Section 22 -- Eviction - Forceful possession by son and daughter-i, law - Residential property in the name of mother - Son along with his wife forcibly took possession of part of house with an oblique motive to grab the suit property and is in possession of same against wishes of senior citizen - They appear..........
Co-sharer -- Perpetual injunction - No injunction can be granted against a co-sharer as no one of co-sharer is found to be in exclusive possession of suit property. (Specific Relief Act, 1961, S.38)...........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Eviction suit - Admission of landlord and tenant relationship - Plea of agreement to sell the tenanted premises - Agreement to sell not registered - Protection u/s 53-A TPA not available - Relationship between parties is that of landlord and tenant - Defendant does not have a valid grievance with the..........
Specific Relief Act, 1963, Section 6 -- Dispossession - Restoration of possession - Plaintiff was in possession of property at the time of being dispossessed the possession was handed over to him vide agreement to sell - Evidence on record proved the said fact by attendant circumstances - These attendant circumstances are contemporaneous conduct of plaintiff - Suit..........
Specific Relief Act, 1963, Section 37, 38 -- Injunction - Plaintiff claiming to be in exclusive possession - Defendant claiming that status of parties was joint - In partition proceedings possession was delivered to the parties on the spot and mutation was also sanctioned - Defendant did not challenge delivery of possession - From copy of Jamabandi for the year 1995-96 it..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for permanent injunction - Dispute as to ownership and possession of plaintiffs over suit property - These are matters relating to fact - Ownership of plaintiff over suit property is admitted and proved fact - Possession on the basis of evidence was decided by first appellate Court - No perversity and..........
Registration Act, 1908, Section 17 -- Registration - In a suit for specific performance, if stamp duty is paid as required, issue of registration is irrelevant so long as plaintiff seeks no prayer for protection of his possession by injunction either as a plaintiff suing for specific performance to protect his possession or taking up a defence against recovery of..........
Co-sharer -- Simplicter suit for declaration without seeking relief for possession - Suit is maintainable at the instance of co-sharer, as concept of possession is i, built mechanism in a suit for declaration based on co-sharership...........
Civil Procedure Code, 1908, Order 8, Rule 6A -- Counter claim for possession - Filed after 6 years of filing of suit - Maintainability - Limitation to seek possession of property is 12 years as prescribed under Limitation Act - Counter claim for possession therefore, can be filed after 6 years of filing of suit - Counter claim not barred by limitation and thus,..........
