Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise Decree - Challenge as to - In two similar proceedings undertaken by two sets of brothers, two compromise decrees were passed and two sets of brothers received the lands in their favour - Once petitioners have reaped fruits of a decree passed on similar footings, then they cannot challenge the same on the technical..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendants from alienating or encumbering suit property - Plaintiffs were neither in possession of land nor produced any document to establish that they had ever exercised their rights of ownership over suit property - Even otherwise, since the plaintiffs are attempting to..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23 -- Cancellation of gift deed - Gift deed of suit property executed by father in favour of his son - Obligation was cast unequivocally on son to take care of father and on such condition and on such recital, gift deed was executed - Son had admitted about father not residing with him and therefore,..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for permanent injunction - Plaintiff is in occupation of property and Panchayat had indeed granted permission to plaintiff for construction of house - Trial Court and First appellate Court have found plaintiff as owner and occupier of suit property - Since plaintiff was owner of property, which is the only..........
Agreement to sell -- Specific performance - Defendant herself committed breach of condition of agreement of sale by not measuring land prior to date agreed between parties - She belatedly did so after the date of performance - Plaintiff thus, was unable to pay the exact balance amount of consideration - Suit rightly decreed in favour of plaintiff...........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Third party objections - Eviction decree passed on the basis of compromise between DH and JD - Petitioner/objector claimed that she was owner of suit premises - However, she has not produced any title document of her having ownership over suit premises - Merely because a suit for partition was filed, same cannot..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of third party - Suit for declaration - Trial Court while dismissing application required to adjudicate as to whether presence of applicants before it in the suit was necessary in order to enable Court to effectually and completely adjudicate upon and settle all the questions involved in the suit - However, trial..........
Civil Procedure Code, 1908, Section 11, Order 7, Rule 11 -- Rejection of plaint - Barred by res judicata - Plaint cannot be rejected on a plea of res judicata raised by defendants because adjudication of plea of res judicata requires consideration of pleadings, issues and the decision in the previous suit, which cannot be done in an application U.O.7.R.11 CPC...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Defence set-up by defendants or likely to be set-up by defendants in a suit, cannot be looked into at all for adjudicating an application U.O.7.R.11 CPC and only the averments in the plaint and the documents filed therewith have to be looked into...........
Right of pre-emption -- Property in question is joint property as claimed by plaintiff - Defendants had not given any notice to plaintiff before selling the suit property as mandated under law - Plaintiff thus, had pre-empatory right to purchase the suit property...........
