Rent and Eviction -- Bona fide need - Landlord being unemployed required premises for establishing his own business to earn his livelihood - Nothing elicited from cross-examination of landlord to establish that his requirement for personal occupation for said purpose is not genuine and that it is only a ruse for evicting tenants - Even, nothing could be elicited to..........
Hindu Law -- Family settlement - There is no family settlement nor any other evidence has come on record to prove that suit property was ancestral in nature and rightly mutated in the name of son of deceased/grandfather of plaintiff - In the absence of said material evidence, Courts below have erred in holding that son of deceased had become owner of suit property on..........
Civil Procedure Code, 1908, Section 151, Order 11, Rule 12 -- Production of documents - Plaintiff by way of application sought production of title record along with site plan so as to facilitate him in identification of property in question, which were in possession of defendants - However, plaintiff has not placed anything on record to show that title documents are in..........
Civil Procedure Code, 1908, Section 64, Order 21, Rule 52 -- Execution - Attachment of property - Property in question mortgaged subsequent to date of attachment order of Court - Therefore, any payment to JDs of any debt, dividend or other monies contrary to such attachment shall be void as against all claims enforceable under attachment - Garnishee bank directed to..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for possession, permanent injunction and mandatory injunction - Concurrent findings of both the Courts below that defendant was in illegal possession of suit property based on report of Local commissioner qua which no objections were filed by defendants - No question of law much less substantial question of..........
Civil Procedure Code, 1908, Order 21, Rule 64, 66 -- Execution - Auction sale - Attachment of property - JD cannot stall execution of money decree on the ground that he filed petition to set aside ex-parte decree unless stay of execution is obtained - Order of sale and attachment of suit property held, Proper...........
Civil Procedure Code, 1908, Order 21, Rule 64, 66 -- Execution - Auction sale - JD contended that suit property is not in his possession since 15 years - However, it is not case of JD that suit property is not belong to him and there is no explanation as to how suit property is not in his possession - There is not even the contention of JD that any third party who is in..........
Court Fees Act, 1870, Section 7 -- Ad valorem Court fee - Suit for declaration that transfer deed is null and void - When a non-executant claiming himself to be in possession of suit property, seeks declaration to the effect that transfer deed under challenge is null and void, he is not liable to affix ad valorem Court fee...........
Agreement to sell -- Specific performance - Plaintiff has specifically averred that though defendants had neither obtained ITC certificate nor had revenue records corrected, they were threatening to dispossess him and create third party rights over suit property - Even, defendants have specifically stated that they were entitled to create third party rights - Concurrent..........
Civil Procedure Code, 1908, Section 17, 20 -- Jurisdiction of Court - Suit for declaration - Properties spread over at different places - One of such property situated within jurisdiction of Court at place `B' - Suit rightly instituted in Court at place `B'...........
