Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit for specific performance - Agreement for sale is admitted - Terms and conditions therein are also not disputed - Defendants also received part of sale consideration as advance - Question which require consideration in the trial i.e whether the plaintiffs are entitled for decree of specific..........
Negotiable Instruments Act, 1881, Section 4, 118 -- Promissory note - Recovery suit - Jurisdiction of Court - Suit based on promissory note can be filed where defendant resides or where cause of action arose - Decision of plaintiff to file the suit where cause of action occurred does not negate the jurisdiction of Court there...........
Negotiable Instruments Act, 1881, Section 4, 118 -- Promissory note - Recovery suit - Defendants failed to present any substantial reason or evidence to challenge the credibility of testimonies of PWs 1, 2 & 4 regarding executing promissory note - Mere denial of receipt of consideration does not constitute a valid defence - Evidence adduced by plaintiff is adequate to..........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Burden of proof - Suit for permanent injunction filed by plaintiff restraining the defendants and their men from interfering with their possession and enjoyment over the suit property - Burden is on plaintiff to prove that they are in possession and enjoyment over the suit property as on the date of suit...........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Defendant admitted possession of plaintiffs over suit property since 20 years prior to institution of suit - Even, as per own case of defendant that he is not claiming any title in the suit property - Therefore, defendants and their men are not entitled to interfere with the possession and enjoyment of..........
Ancestral property -- Suit property cannot be held to be an ancestral property, as the same was received by erstwhile owner by way of a family settlement, wherein, two brothers divided two equally measuring plots between themselves - Hence, property could not have been said to be delved on the father by virtue of him being a coparcener in that property...........
Transfer of Property Act, 1882, Section 106 -- Eviction - Area on which the suit shop room situates is under the panchayat area - Although defendant claims that suit premises is governed by provision of West Bengal Premises Tenancy Act by extended notification issued by State Government but no such notification was filed before the Court - However, plaintiff filed..........
Transfer of Property Act, 1882, Section 106 -- Eviction notice - Validity - Notice of ejectment was sent by plaintiff by registered post with A/D asking the defendant to quit and vacate the suit premises - Notice was received by defendant by putting his signature on the A/D card - Notice is valid...........
Transfer of Property Act, 1882, Section 106 -- Eviction notice - Notice of eviction was duly received by defendant and suit was filed by plaintiff after lapse of 15 days from the date when notice of eviction was received by defendant - Landlord is entitled to eject tenant after giving him notice to quit unless tenant proves that he has a right to remain on the land..........
Civil Procedure Code, 1908, Section 9 -- Jurisdiction - Suit for Partition - (i) In cases when exclusion of Civil Court's jurisdiction is expressly provided for, consideration as to scheme of statute in question and adequacy or sufficiency of remedy provided for by it may be relevant but cannot be decisive; (ii) Where exclusion is pleaded as a matter of necessary..........
