Limitation Act, 1963, Section 5 -- Condonation of delay - Delay of 552 days in filing petition for setting aside ex parte decree - Dispute involves recovery of possession of property and removal of permanent structures - Thus, it would be just and proper to give an opportunity to defendants to contest matter on merits - Delay condoned subject to payment of costs of..........
Partition -- Final decree - Appointment of Local Commissioner to partition the suit property according to preliminary decree - Appellant purchased some portion of suit land after passing of preliminary decree but before final decree - Sale hit by rule of lis pendence - Held, decree holder was not bound to give any notice to the appellant...........
Transfer of Property Act, 1882, Section 45 -- Joint ownership - Presumption of ownership - Predecessor of plaintiffs and defendants are brothers - They proposed to purchase property together - Subsequently, predecessor of plaintiffs retracted and was not interested to purchase property due to funds crunch - Predecessor of defendants alone paid entire consideration - Since..........
Delhi Rent Control Act, 1958, Section 14(1)(e) -- Rent and eviction - Bonafide requirement - Leave to defend - Tenant fail to show that landlord has any other premises available from where he can start his business - There is no averment that landlord owns or possesses any other property available except subject premises - Application rightly dismissed...........
Hindu Law -- Joint family property - Relinquishment does not empower other shareholder any right, title and interest and any departure from shares of joint family property may be through any registered instrument...........
Partition suit -- Joint family property - There is unity of title and continuity of possession of plaintiff and defendants over suit land - Suit property is not partitioned as yet and plaintiff being joint owner of suit property has right to partition to extent of her share and plaintiff is entitled for 1/7th share in suit property - Alienation of portion of property in..........
Rent and Eviction -- Landlord and tenant relationship - Family settlement - Owner of property made a settlement in favour of his son - Title thus acquired, in any event, cannot be called in question by the person who is in occupation of the premises as a tenant when owner who admitted was his landlord did not continue to claim to be the landlord - In view of provision of..........
Civil Procedure Code, 1908, Order 6, Rule 17, East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Amendment of written statement - Eviction petition - Amendment sought does not change nature of petition or relief that is being sought - There is a delay on part of tenant/petitioner in moving application for amendment but amendment as sought could not be declined..........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13 -- Eviction petition - Bonafide necessity - Landlady categorically pleaded in her petition that her son had become busy in his own business and her daughter had got married due to which landlady felt lonely and wanted to start running a boutique as she was educated besides having knowledge of work of..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Eviction suit - Defendants purchased the suit property from one of co-owners during pendency of suit - Ownership of defendants cannot be decided in pending suit filed by landlord against defendants/tenants for eviction of property, as it will change the nature of suit - Amendment application..........
