Orissa Hindu Religious Endowments Act, 1951, Section 19(1) -- Suit for eviction - Registered sale deed shows that Marfatdar of the deity alienated suit land in favour of plaintiff by means of a registered sale deed - There is no evidence on record that Commissioner of Endowments accorded permission u/s 19 of the Act to sell the land - So-called alienation by person styling..........
Hindu Succession Act, 1956, Section 15(2)(a) -- Succession - Female Hindu dying intestate and issueless - Property inherited by female from her father - Her husband cannot inherit her property - Property will devolve upon legal heirs of her father - Husband thus, has no cause of action to file suit for partition of said property - Suit dismissed...........
Agreement to sell -- Specific performance - Plaintiff is required to be ready and willing not only till prior to the institution of the suit but even till post the decree for specific performance and if found to be lacking, is not entitled to such a discretionary relief...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for injunction and declaration - Amendment sought to incorporate relief of specific performance - Plaintiffs relied upon agreement of sale and claiming right over suit property on basis of said agreement - Indirectly and implicitly, plaintiffs asked for specific performance of contract itself, as..........
Court Fees Act, 1870, Section 7(ivA) -- Court Fees - Suit for cancellation of an instrument - Where a person or his predecessor entitled was not a party to instrument, Court fee according to 1/5th of value of subject matter shall be deemed to be amount for which instrument was executed...........
Hindu Succession Act, 1956, Section 8, General Clauses Act, 1897, Section 3(57) -- Succession - Partition suit - Right of step son in ancestral property of a Hindu male dying intestate - Expression `son' has not been defined under Act of 1956 and the definition of `son' u/s 3(57) of General Clauses Act, includes only an adopted son and not a step son - Therefore, son of..........
Hindu Succession Act, 1956, Section 8, Income Tax Act, 1961, Section 2 -- Partition suit - Right of step-son of deceased coparcener in joint family property - Expression `son' - Contention that Income Tax Act being a central Act, definition of child thereunder must be read into Hindu Succession Act, which is but another central Act - Held, there is no such law warranting..........
Civil Procedure Code, 1908, Section 151, Order 12, Rule 6 -- Judgment on admission - Suit for declaration and permanent injunction - Suit property mutually partitioned by deed of family settlement between parties - Factum of family settlement not denied by defendants - Plaintiff not claiming an inch of land beyond what has fallen to his share - More so, defendants..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(v) -- Suit for eviction - Recovery of rent and damages - Ground of ceasing to occupy demised premises - As per evidence on record electricity bill was last paid in year 2001, then in subsequent years electric and water connections were removed - Premises were unoccupied by tenant till the date of filing of suit..........
Agreement to sell -- Specific performance - Agreement to sell becoming incapable of performance due to acquisition of that property by Government - Entire sale consideration of Rs.90,000 was received by vendor and possession was delivered - Plaintiff constructed three shops on the suit land - Held, plaintiff is entitled to compensation of Rs.10 lakhs received consequent to..........
