Civil Procedure Code, 1908, Order 20, Rule 18 -- Partition suit - Final decree - When a final decree has been drawn up, signed and engrossed in stamp paper of requisite value, it cannot be said that the suit must be treated to be pending for the purposes of passing further orders including readjustment of shares on account of a change in law...........
Civil Procedure Code, 1908, Order 20, Rule 18 -- Partition suit - Final decree - Question of delivery of properties is a matter to be considered at the stage of execution and is not a matter falling for contemplation in the final decree stage...........
Civil Procedure Code, 1908, Order 20, Rule 18 -- Partition suit - During pendency of partition suit or during period between passing of preliminary decree and final decree in the partition suit it is open to a party to seek modification or enhancement of his shares till the passing of final decree - Once final decree is passed suit terminates and remaining issues are to be..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - At the stage of temporary injunction matter, a mini trial cannot be conducted - Consideration of such questions at the stage of temporary injunction, will certainly affect the merits of suit during trial...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - `Prima facie case' means that there is a serious disputed question to be tried in the suit and that an act, on the facts before the Court, there is probability of plaintiffs being entitled to the relief asked for...........
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..........
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..........
