Search Results for "Restoration of Possession"

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Search Results for "Restoration of Possession"

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Supreme Court

Supreme Court Upholds Decree Holder's Possession Despite Irregular Police Assistance in Execution — Judgment Debtor with No Subsisting Right Cannot Claim Restoration. The Court declined to restore possession to a judgment debtor who had no right, title or interest in the suit property, even though the delivery of possession was effected with police assistance without prior court order under Order 21 CPC.

9 Aug 2019

The case involves a dispute over possession of suit lands between Om Parkash (decree holder) and Amar Singh (judgment debtor). The decree holder purch...

Supreme Court

Supreme Court Upholds Section 13-B of East Punjab Urban Rent Restriction Act, 1949 for NRI Landlords in Chandigarh and Punjab. Constitutional validity of provision granting immediate possession to Non-Resident Indians upheld as reasonable classification under Article 14.

9 Aug 2019

The appeals were filed by tenants challenging the constitutional validity of Section 13-B of the East Punjab Urban Rent Restriction Act, 1949, which g...

Supreme Court

Supreme Court Holds Plaintiff Can Plead Adverse Possession Under Article 65 of Limitation Act — Preliminary Issue Covered by Ravinder Kaur Grewal. The Court overruled earlier decisions and directed merits consideration.

8 Aug 2019

The Supreme Court disposed of three civil appeals involving a preliminary issue: whether a plaintiff can take the plea of adverse possession under Art...

Supreme Court

Supreme Court Allows Suit Based on Adverse Possession — Overrules Earlier View That Adverse Possession Can Only Be Used as Shield. Plaintiff Who Has Perfected Title by Adverse Possession Can Sue for Declaration and Protection or Recovery of Possession.

7 Aug 2019

The Supreme Court addressed the question whether a person claiming title by adverse possession can maintain a suit for declaration of title and for pr...

Supreme Court

Supreme Court Allows Appeal in Execution Proceedings — Possessory Title Not Required for Restoration Under Order XXI Rules 98-100 CPC. High Court erred in ordering restoration of possession without determining whether respondent had any right to possession under Order XXI Rules 98-100 CPC.

29 Jul 2019

The Supreme Court considered an appeal against the judgment of the Calcutta High Court which had allowed the appeal of the respondent (Lt. Col. Nahar ...

Supreme Court

Supreme Court Allows Execution of Specific Performance Decree Despite Delay in Deposit of Balance Sale Consideration. Doctrine of Merger Applies When Appellate Court Confirms Trial Court Decree Without Modifying Time Limit.

23 Jul 2019

The appellant, Surinder Pal Soni, filed a suit for specific performance of an agreement to sell dated 8 December 2003 for agricultural land in Panchku...

Supreme Court

Supreme Court Dismisses Appeal by Purchaser Against High Court Decision That Compromise Decree Does Not Bind Coparceners. Property Reacquired by Coparceners Through Court Decree Retains Joint Family Character, Requiring Consent of All Coparceners for Valid Compromise Under Hindu Law.

1 Jul 2019

The Supreme Court dismissed an appeal against the High Court's judgment which declared that a compromise decree dated 25 March 1976, entered into betw...

Supreme Court

Supreme Court Allows Reversioners' Suit for Possession Against Tenant of Life Tenant. Life Tenant's Lease Does Not Survive Her Death; Tenant Becomes Trespasser.

16 Apr 2019

The appeal arises from a judgment of the High Court of Punjab and Haryana in a second appeal, which reversed the trial court's decree for possession i...

Supreme Court

Supreme Court Allows Appeal and Restores Possession Based on Setting Aside of Ex Parte Decree — Suppression of Material Facts Leads to Quashing of Demarcation and Contempt Orders

15 Apr 2019

The Supreme Court allowed the appeals filed by Om Prakash Ram against the State of Bihar and others, setting aside the orders of the Patna High Court ...

Supreme Court

Supreme Court Allows Appeal in Property Dispute Over Resumption Notice — High Court's Dismissal of Writ Petition Set Aside. The Court Held That the High Court Erred in Dismissing the Writ Petition on the Ground of Disputed Questions of Title When the Earlier Division Bench Had Already Declared the Resumption Notice Illegal Under the Same Facts.

15 Mar 2019

The dispute pertains to a property in Pune, originally owned by Burjorji Goostadji and Cooverbai Homi Karani, who sold it to Mohammad Hajjibhoy in 192...

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