Rent and Eviction -- Landlord and tenant - Landlord seeking eviction of tenant - State of Orissa is the recorded owner of suit property - However, State of Orissa not impleaded as a party to the eviction petition - A person without being the owner can well be the landlord - Suit can never fail for non impleading the owner as a party - There is no need for compliance of..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit for specific performance - Constructions were made over suit property during pendency of appeal before first appellate Court - Appellate Court while exercising its discretion and in order to preserve the property till hearing of appeal has passed injunction order only till next date of hearing -..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Grounds taken by defendant in his application U.O.7.R.11 CPC, can be pleaded by defendant in his written statement and the same can be decided after framing an issue in this regard after considering the evidence of parties at the stage of hearing of suit - But, same cannot be looked into at the time of..........
Will -- Proof - Will in question is a handwritten Will which is allegedly thumb marked by testator and it is attested by two attesting witnesses - However, one of attesting witness failed to prove that Will was executed in accordance with law - Moreover, Will was produced in first appellate Court during pendency of suit after nearly 30 years from its execution - Propounder..........
Civil Procedure Code, 1908, Order 7, Rule 10, 11, Commercial Courts Act, 2016, Section 12A -- Rejection or return of plaint - Commercial dispute - Once expressly or impliedly discretion has been exercised by Court to entertain suit on the ground that it contemplates urgent reliefs, it should not thereafter revoke that decision and reject or return plaint - Application u/s..........
Agreement to sell -- Suit for specific performance - Earnest money - Order as to pay double of earnest money can be passed only if plaintiff proves damages to that extent - In the absence thereof, plaintiff is only entitled to refund of earnest money...........
Agreement to sell -- Suit for specific performance - Earnest money - Order as to pay double of earnest money can be passed only if plaintiff proves damages to that extent - In the absence thereof, plaintiff is only entitled to refund of earnest money...........
Agreement to sell -- Suit for specific performance - Refund of double of earnest money - Stipulation for payment of amount equivalent to double of earnest money is a penal provision and therefore, plaintiff is required to prove the damages - Moreover, first appellant Court has already awarded Rs.28,200 over and above the refund of earnest money - No ground to interfere..........
Agreement to sell -- Suit for specific performance - Refund of double of earnest money - Stipulation for payment of amount equivalent to double of earnest money is a penal provision and therefore, plaintiff is required to prove the damages - Moreover, first appellant Court has already awarded Rs.28,200 over and above the refund of earnest money - No ground to interfere..........
Agreement to sell -- Specific performance - Defendant did not dispute his signatures on agreement - However, contention of defendant that blank stamp papers signed by him had been used for this purpose is not accepted by Courts below - Agreement to sell has been proved by plaintiff - Suit rightly decreed in favour of plaintiff...........
