Civil Procedure Code, 1908, Section 100 -- Second appeal - Filed by subsequent purchasers - Partition suit - Appellants filed second appeal before High Court and they were not parties before Courts below, but have interest in subject matter - Application for additional evidence also filed along with appeal - Substantial questions were framed - However, substantial..........
Rent and Eviction -- Sub-letting - Tenant himself admitted before Rent Controller that because of old age he was not in a position to manage affairs of shop and that is why he handed over shop to sub-tenant through GPA - Sub-tenant and tenant were running business as partners as alleged by tenant - However, there is no genuine partnership between tenant and sub-tenant -..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit for specific performance - Irreparable harm - Question of irreparable harm to a party complaining of breach of contract does not arise if other remedies are available to the party complaining of the breach...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit for specific performance - Plaintiff seeking temporary injunction in a suit for specific performance has to establish a strong prima facie case on basis of undisputed facts - Conduct of plaintiff is also very relevant consideration for purposes of injunction - Discretion at this stage has to be..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit for specific performance - Whether there existed concluded contract between parties or not, is itself a matter for trial to be decided on basis of evidence that may be led - Part of consideration amount not paid by plaintiff - Balance of convenience is in favour of defendants on account of..........
Rent and eviction -- Title of landlord - In a landlord-tenant suit, landlord is not required to prove his title in subject property as in a title suit - However, when landlord's derivative title is challenged, same is to be established in some form...........
Civil Procedure Code, 1908, Order 7, Rule 6, Limitation Act, 1963, Section 19 -- Exemption from limitation - Pleading - Court may permit plaintiff to claim exemption from limitation on any ground not set out in plaint, if such ground is not inconsistent with the grounds set out in plaint - In the instant case, Proviso to O.7.R.6 CPC cannot come to rescue of plaintiff as..........
Rajasthan Tenancy Act, 1955, Section 88 -- Suit for declaration u/s 88 of Rajasthan Tenancy Act and alternatively for permanent injunction - Plaintiff was admittedly not in possession of suit property - Land in question was in the name of defendants and Parcha settlement was also issued in their names - Even there was no evidence that plaintiff was in possession of suit..........
Civil Procedure Code, 1908, Order 9, Rule 7 -- Ex parte order - Setting aside - Defendant/State of U.P though was tardy and could not ensure timely appearance, yet when concerned officials were made aware of pendency of suit and ex parte order, prompt steps were taken - Even plaintiff sought an adjournments at least on two occasions - In such circumstances, it cannot be..........
Income Tax Act, 1961, Section 2(47)(ii), (vi) -- Transfer - Agreement to sell - Compromise deed - Appellant/assessee entered into agreement to sell with builder - As per Compromise deed, appellant received agreed sale consideration and balance amount towards full and final settlement in respect of agreement also paid through 7 post dated cheques - All the cheques were..........
