Civil Procedure Code, 1908, Order 7, Rule 10 -- Return of plaint - Lack of territorial jurisdiction - Suit instituted at place `H' - As per averments made in plaint, part of cause of action arises at place `H' - Order rejecting application, upheld...........
Agreement to sell -- Registration - Suit for specific performance based upon an un-registered agreement to sell coupled with delivery of possession or acknowledging possession of a person who is already in possession, shall not be dismissed for want of registration...........
Agreement to sell -- Specific performance - Mere fact that plaintiff in a suit for specific performance prays for protection of his physical possession, same would not amount to a suit for protecting physical possession only - If ultimately such suit is dismissed by Court while refusing to grant relief of specific performance of agreement to sell then of course plaintiff..........
Limitation Act, 1963, Article 54 -- Limitation - Suit for specific performance - Where no period, time or date for execution and registration of sale deed is stipulated by parties while executing agreement to sell, limitation would begin to run only if plaintiff has a notice of fact that performance has been refused as per second part of Art.54 of the Act...........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 22(1)(3), Uttar Pradesh Maintenance and Welfare of Parents and Senior Citizens Rules, 2014, Rule 21(2)(1), 21(2)(3) -- Ancestral property - Petitioner and his two brothers have undivided shares in suit property - Dispute of share and possession of disputed property is pure and simple, which can be..........
Civil Procedure Code, 1908, Order 21, Rule 54 -- Execution - Attachment of property - Executing Court wanted to issue fresh attachment and notice U.O.21.R.54 CPC to avoid any objections and defects in sale of suit property to be conducted in Court auction - Court thus, directed JD to furnish his correct residential address with door number by way of affidavit, failing..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendants from further alienating property to third parties pending disposal of partition suit - Property in question is ancestral property as admitted by both the parties - Defendant thus, cannot sell entire joint property unless there is specific authority conferred on him by them to..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Partition suit - Plaintiffs and defendants are co-sharers in suit property - Both the parties have relied on certain documents to establish their possession - Plaintiff neither pleaded nor established that he is in exclusive possession of suit property - Moreover, interest of plaintiff is adequately..........
Civil Procedure Code, 1908, Order 41, Rule 5, Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Stay of injunction order - Ad interim injunction order passed against third party purchasers through joint owners - When acts of joint co-owner along with other defendants/purchasers and depriving rights of plaintiff as co-owner having joint possession of property, suit for..........
Specific Relief Act, 1963, Section 39 -- Mandatory injunction - Licence - Termination of licence - Owner of immovable property on termination of licence is entitled to maintain a suit for mandatory injunction against the licensee to vacate the property...........
