Hindu Succession Act, 1956, Section 8 -- Property of male Hindu dying intestate - Plaintiff claims that he being adopted son of deceased is entitled to half share of suit property - Son and widow are class-I heirs of Hindu male dying intestate - Since there has been a valid adoption, mere fact that after death of deceased, plaintiff started residing with his natural..........
Specific Relief Act, 1963, Section 34, Proviso -- Suit for declaration without seeking relief of possession - Maintainability - Parties succeeded to property jointly after death of deceased - They are co-sharers - Every co-sharer is deemed to be in possession of every part of joint property - Plaintiff can pray for delivery of actual physical possession in a partition..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 22 -- Property of father-in-law - Eviction of son and daughter-in-law - Son was not helping his parents but was supporting his wife - Provisions of the Act thus, not misused for purpose of throwing out a daughter-in-law - Son and daughter-in-law rightly evicted...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit property was purchased by petitioner even prior to filing of suit - Plaintiff has sought relief of permanent and mandatory injunction against owner of disputed property - Suit cannot be decided without impleading petitioner who is owner of property in dispute on the date of filing of suit before..........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Restraining defendant officials from carving out a water course over suit property - Trial Court concluded that Water course in question is running at the spot for more than 20 years prior to filing of suit - Water course was carved out at the request/demand of persons whose land was situated there - Even,..........
Hindu Marriage Act, 1955, Section 27 -- Claim of money of Rs.50 lakh by wife - Husband insisted for Rs.50 lakhs to purchase property from PW10 and on account of repeated pressure exercised by husband with wife, father of wife availed loan of Rs.50 lakhs and transferred the same to PW10, who admitted the receipt of same towards sale consideration - Evidence tendered by..........
Transfer of Property Act, 1882, Section 41 -- Bona fide purchasers - Suit for specific performance - Plaintiff and subsequent purchasers are residing in the same village where suit land is located - Subsequent purchasers failed to prove that they had no knowledge of agreement to sell - Subsequent purchasers are not bona fide purchasers...........
Civil Procedure Code, 1908, Order 33, Rule 1, Civil Procedure Code, 1908, Order 44 -- Indigent person - Sufficient means - Mere availability of immovable property, by itself will not constitute `sufficient means' for purpose of O.33 or O.44 CPC...........
Consumer Protection Act, 1986, Section 2(1)(g), 2(o) -- Consumer complaint - Deficiency in service - Consumer fora under the Act would not have jurisdiction to entertain consumer complaints on the ground of deficiency in service related to transfer of title of immovable property...........
Consumer Protection Act, 1986, Section 2(1)(g), 2(o) -- Consumer complaint - Deficiency in service - Conversion of leasehold property into freehold property - Appellant is not providing any services within meaning of S.2(o) of the Act - Expression service includes housing construction and not allotment of a site or a plot - Deficiency in service does not include transfer..........
