Suit for Possession—Claim based on title—Layout plans cannot be evidence of title of property

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By phlaw| January 27th, 2019|Specific Relief Act|Comments Off

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Sale Deed–Non-attestation by Numberdar of same village—It cannot be taken as one of the strong reasons to set aside the sale deed
July 5th, 2019 | Comments Off on Sale Deed–Non-attestation by Numberdar of same village—It cannot be taken as one of the strong reasons to set aside the sale deed
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Pronote executed by a partner of firm-In absence of having undertaken any obligation binding the legal heirs to repay; legal heirs are not liable to be impleaded
June 27th, 2019 | Comments Off on Pronote executed by a partner of firm-In absence of having undertaken any obligation binding the legal heirs to repay; legal heirs are not liable to be impleaded
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Rejection of Plaint—Rejection does not preclude presentation of fresh suit if the first one is rejected on any of the grounds given in 0.7 R.ll CPC Forcible Dispossession—It does not necessarily mean physical removal by manhandling—Dispossession stands proved once it is shown that the occupant of the suit property was not allowed to enter it by any means
June 22nd, 2019 | Comments Off on Rejection of Plaint—Rejection does not preclude presentation of fresh suit if the first one is rejected on any of the grounds given in 0.7 R.ll CPC Forcible Dispossession—It does not necessarily mean physical removal by manhandling—Dispossession stands proved once it is shown that the occupant of the suit property was not allowed to enter it by any means
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Agreement to Sell—Execution of Decree—Enlargement of Time—Non deposit of balance sale consideration as per decree—Suit for specific performance of agreement to sell not to be dismissed automatically in the absence of such rider clause in the decree
May 29th, 2019 | Comments Off on Agreement to Sell—Execution of Decree—Enlargement of Time—Non deposit of balance sale consideration as per decree—Suit for specific performance of agreement to sell not to be dismissed automatically in the absence of such rider clause in the decree
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Specific Relief Act, 1963, S.37–Injunction–Release Deed—Plaintiffs, daughters, were 4th generation in lineage-Any release deed in respect of suit property executed by Karta, who proved to be ancestor can always be challenged during his life time.
April 2nd, 2019 | Comments Off on Specific Relief Act, 1963, S.37–Injunction–Release Deed—Plaintiffs, daughters, were 4th generation in lineage-Any release deed in respect of suit property executed by Karta, who proved to be ancestor can always be challenged during his life time.
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Specific Relief Act, 1963, S.34–Suit for Partition-Oral partition without causing entry in the revenue record or the records of the revenue authority would not confer joint ownership.
March 29th, 2019 | Comments Off on Specific Relief Act, 1963, S.34–Suit for Partition-Oral partition without causing entry in the revenue record or the records of the revenue authority would not confer joint ownership.
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Specific Relief Act, 1963, S.34–Suit for Possession-Plaintiff is in possession—Claim by defendant no.2 on being licensee—As per revenue records ownership lies with panchayat—In the absence of any grant by original licensee, subsequent licensee cannot be branded as a licensee
March 29th, 2019 | Comments Off on Specific Relief Act, 1963, S.34–Suit for Possession-Plaintiff is in possession—Claim by defendant no.2 on being licensee—As per revenue records ownership lies with panchayat—In the absence of any grant by original licensee, subsequent licensee cannot be branded as a licensee

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