Evacuee Property—Tehsildar Sales cannot claim the ownership as a mortgagee by efflux of time

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By phlaw| December 1st, 2019|Specific Relief Act|Comments Off

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Suit for Declaration—Sale of minor’s property—Buyer should have been vigilant enough to ascertain that seller had attained majority and was not suffering from any legal disability—Sale deed qua the share of minor set aside

January 11th, 2020 | Comments Off on Suit for Declaration—Sale of minor’s property—Buyer should have been vigilant enough to ascertain that seller had attained majority and was not suffering from any legal disability—Sale deed qua the share of minor set aside
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Ancestral Property—Person who is asserting the right in the property, has to be 4th generation in lineage

December 23rd, 2019 | Comments Off on Ancestral Property—Person who is asserting the right in the property, has to be 4th generation in lineage
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Specific Relief Act, 1963, S.34~Suit for Possession-In case of sale of share by a co-sharer, remedy of the plaintiff (buyer) would be to seek partition—Plaintiff stepped into the shoes of erstwhile co-owner and shall be treated as a co- sharer—Plaintiff if does want joint possession, can seek protection of possession qua share already in his possession.

December 1st, 2019 | Comments Off on Specific Relief Act, 1963, S.34~Suit for Possession-In case of sale of share by a co-sharer, remedy of the plaintiff (buyer) would be to seek partition—Plaintiff stepped into the shoes of erstwhile co-owner and shall be treated as a co- sharer—Plaintiff if does want joint possession, can seek protection of possession qua share already in his possession.
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Injunction–Dispossession–Landlord cannot forcibly take the possession from the tenant, even though tenant has not been successful in seeking restraint against forcible interference and dispossession.

December 1st, 2019 | Comments Off on Injunction–Dispossession–Landlord cannot forcibly take the possession from the tenant, even though tenant has not been successful in seeking restraint against forcible interference and dispossession.
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Forcible Dispossession—Resjudicata—Principle of resjudicata is not applicable to a suit instituted under S. 6 of Specific Relief Act Forcible Dispossession—Previous Suit—Provisions of S 40 of Evidence Act would not be applicable to a suit instituted under S. 6 of Specific Relief Act

November 9th, 2019 | Comments Off on Forcible Dispossession—Resjudicata—Principle of resjudicata is not applicable to a suit instituted under S. 6 of Specific Relief Act Forcible Dispossession—Previous Suit—Provisions of S 40 of Evidence Act would not be applicable to a suit instituted under S. 6 of Specific Relief Act
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Specific Relief Act, 1963, S.34–Suit for Recovery-Execution of Pronote– Authenticity of revenue stamp affixed- trial Court directed to get the stamps verified from the Government Press at Nasik, as per procedure

October 8th, 2019 | Comments Off on Specific Relief Act, 1963, S.34–Suit for Recovery-Execution of Pronote– Authenticity of revenue stamp affixed- trial Court directed to get the stamps verified from the Government Press at Nasik, as per procedure
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Specific Relief—Suit for Ownership—Courts must make sincere attempt to lift the veil and expose the sinister design even in civil litigation.

August 14th, 2019 | Comments Off on Specific Relief—Suit for Ownership—Courts must make sincere attempt to lift the veil and expose the sinister design even in civil litigation.

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