Transfer of Property Act, 1882, Section 109 -- Eviction suit - Transfer of property by original landlord to transferee during pendency of suit - Specific averment made in sale deed that eviction suit is pending before SCC Court and authority is given to transferee to contest the suit - There is no dispute that it also includes right to recover rent - Transferee therefore,..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of LRs of transferee - Eviction suit - Interest has devolved in favour of transferee after execution of sale deed by original landlord - Sale deed is having specific averment about pendency of SCC suit for arrears of rent and eviction - Since during pendency of suit proceedings, transferee died, his LRs were..........
Agreement to sell -- Specific performance - Readiness and willingness - Issue decided against plaintiff by holding that plaintiff had not given notice to defendant whereas plaintiff in his pleadings and in evidence clearly stated that he had asked several time to the defendant for execution of sale deed - Trial Court wrongly decided the issue - Suit decreed - Defendant..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for declaration that plaintiffs along with defendants are joint owners - Vendor of plaintiff and defendants entered into agreement that wall of house of defendant would be raised by defendant but would remain common and jointly owned by both of them - Defendants never challenged the said agreement to be void..........
Civil Procedure Code, 1908, Order 14, Rule 5 -- Framing of additional issue - Additional issue, if framed, will change the nature of suit - Plaintiff is dominus litis of suit and enjoys a free hand in couching the relief clause in the manner he pleases - Order allowing framing of additional issue, set aside...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendment sought to amend the door number as mentioned in plaint - Proposed amendment is not constitutionally or fundamentally changing the nature or character of suit - Application rightly allowed...........
Tenancy -- Plaintiffs failed to prove creation of tenancy in favour of their predecessor-in-interest by State - They could not succeed in the suit simply by taking benefit of revenue entries which existed for few years - Once the very basis of initial revenue entries was not legal, no presumption of truth could be attached to such entries - Suit for declaration of..........
Family Courts Act, 1984, Section 7 -- Suit for declaration that marriage is void - Husband filed a suit against his wife that she performed Hindu marriage with respondent no.2 whereas she is Muslim by religion - No case of husband that wife had converted to Hinduism by giving up Muslim religion - Marriage between a Hindu and Muslim could be performed only under Special..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Plaintiff filed suit for declaration of 1/6th share and for permanent injunction - It cannot be said at this stage, that suit is not maintainable in view of S.34 of Specific Relief Act - Application U.O.7.R.11 CPC dismissed...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Valuation and payment of Court fee - Plaintiff valued the suit for declaration at Rs.50 lacs on which fixed Court fees has been paid and for purpose of permanent injunction, plaintiff valued the suit for Rs.1000 and paid Court fees of Rs.120 which cannot be said to be improper at this stage - Moreover,..........
