Rent and Eviction -- Denial of relationship between landlord and tenant - Tenant claimed to be owner of suit property on basis of agreement of sale - Agreement of sale does not create a title in favour of purchaser which can be effected only in terms of S.54 of T.P.Act i.e by way of a registered sale deed - Recovery certificate rightly issued in favour of landlord...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Court while deciding application exceeded its jurisdiction and ventured into merit of case by holding that plaintiff was not in joint possession of suit schedule property and she should pay court fee - Such direction that too at the threshold is totally unwarranted and beyond jurisdiction, hence set..........
Will -- Absolute owner of a property is entitled even to bequeath his properties in favour of strangers...........
Agreement to sell -- Specific performance - Court dealing with a suit for specific performance of an agreement for sale can impose, having regard to delay in judicial process and consequential escalation of price of property any reasonable condition including payment of an additional amount by one party to other while granting or refusing a decree for specific..........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration and injunction - Suit property could not be identified by Commissioner or surveyor - In absence of a clear identification of suit property, suit for declaration and injunction rightly dismissed...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for possession and permanent injunction - Concurrent findings of two Courts below that suit property is in possession of defendant since 1983 whereas suit was led on 2010 - Said findings cannot be said to be perverse - Suit rightly dismissed...........
Hindu Adoptions and Maintenance Act, 1956, Section 8, 12 -- Adoption by widow - Plaintiff has adopted son after death of her husband - After coming into force of the Act, child adopted by widow of co-parcenar, does not get status of child of deceased co-parcenar from date of death of co-parcenar - Fiction of relation back as a result of adoption is no more available in..........
Hindu Succession Act, 1956, Section 15 -- Property of female Hindu dying intestate - Husband of female/plaintiff died intestate in the year 1965 - Succession opened for the first time in the year 1965 and plaintiff being widow and her daughter would get one half share each in suit property - Son was adopted by plaintiff in the year 1973 and plaintiff died in the year 2013..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 22 -- Property of mother - Eviction of son and daughter-in-law - Mother despite owner of suit property was ousted out of it by son and daughter-in-law and was meted out with severe ill-treatment including mental, social and physical abuse by them - She categorically stated that living with petitioners..........
Easements Act, 1882, Section 15 -- Easement by prescription - Right of way - Defendant denied the title of plaintiff in written statement - Admission of title of servient owner by dominant owner is one of fundamental ingredients in a claim of easement - Claim of defendant over suit property by way of easement by prescription on this ground alone rightly rejected...........
