Suit for possession - - Tenant whose tenancy stands terminated, cannot be permitted to continue in tenanted premises, merely on account of his having filed a suit for specific performance in respect of said tenanted premises...........
Suit for possession - - Plea of oral agreement by defendant - As per defendant, he had entered into an oral agreement to sell with erstwhile owner in January, 2000, but still he chose to file a suit seeking specific performance after 16 years and that too almost 1 year after suit for possession was filed by plaintiffs - Plea of an oral agreement to sell sham and wholly..........
Civil Procedure Code, 1908, Section 92, Order 1, Rule 9 -- Trust - Mis-joinder or no, joinder of parties - When property is owned by trust suit for recovery of property filed by trustees in interest of trust cannot be said to be barred by no, joinder of parties...........
Suit for possession - - Plea of adverse possession by defendant - Contrary to defendant`s own plea that though he had been inducted as a licensee, he had subsequently become entitled to retain possession of suit premises on basis of an oral agreement to sell entered into with erstwhile owner of suit property who was admittedly not even examined as a witness by defendant...........
Delhi Rent Control Act, 1958, Section 50 -- Suit for possession - Tenant`s plea that suit is barred u/s 50 of the Act as monthly rent of property was only Rs 3,500/- - Agreed monthly rent being set out as Rs.3,600 in rent agreement and execution has not been denied by tenant - Therefore, his plea that monthly rent of premises was Rs.3,500/- cannot be accepted and has been..........
Transfer of Property Act, 1882, Section 52 -- Sale pendente lite during pendency of suit for specific performance - Sale is hit by S.52 of the Act - Such sale transactions in favour of subsequent purchasers shall have no adverse effect on rights of plaintiffs and shall remain subject to final outcome of suit in question...........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Bar of subsequent suit - Cause of action as alleged in subsequent suit for possession and in earlier suit for permanent injunction not same - There is nothing to show that in earlier suit plaintiffs intentionally relinquished any portion of their claim for reasons that suit was only for injunction and plaintiffs therefore are..........
Civil Procedure Code, 1908, Section 144 -- Restitution - Decree passed in counter claim was set aside by Appellate Court - Father of appellants ordered to restore possession of suit land to defendants - Judgment and decree of appellate Court hold the field and has attained finality - Possession of appellants thus, cannot be protected - Appellants rightly directed to..........
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 41, Rule 27 -- Dismissal of suit for possession - Non-joinder of parties - Bar of second suit on principal of res judicata - Matter in issue, if it is one purely of fact, decided in the earlier proceedings by a competent Court, must in a subsequent litigation between the same parties be..........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Three separate suits were filed by plaintiff for declaration of title and permanent injunction against defendants including State - First two suits were dismissed and plaintiffs filed appeal in both the suits - Issue of title thus, not attained finality - Findings recorded in first and second suit will not operate as..........
