Execution – Eviction Decree -…
Execution – Eviction Decree – Third person is not entitled to file an application U.O.21.R.97 CPC, as said application may be filed by a DH in event of execution of decree is resisted or obstructed by any person obtaining possession of property.
Eviction Petition – Subletting -…
Eviction Petition – Subletting – Seeking of damages for use and occupation charges – No direction can be issued to tenant to pay use and occupation charges for period that stay continued – Further, as possession has already been handed over no relief can be granted to landlord in this application. Find the Best Advocate […]
Application U.O.21.R.99 CPC – Lies…
Application U.O.21.R.99 CPC – Lies only after dispossession.
Appointment of Commissioner to record…
Appointment of Commissioner to record evidence of plaintiff – Court has power U.O.26.R.4-A CPC to appoint Commissioner for recording evidence of plaintiff – Order allowing application calls for no interference.
Additional issues – Issues framed…
Additional issues – Issues framed by Appellate Court has subsumed issues sought to be framed by defendant – No additional issue as suggested by defendant was required to be framed – Application rightly dismissed.
Bail Lawyers in Chennai- Accused…
Bail Lawyers in Chennai- Accused entitled to apply for a grant of bail if trial of any non-bailable offence is not concluded within a period of 60 days from first date fixed for taking evidence in the case – But this right is not an absolute right and Magistrate for reasons to be recorded in […]
Additional written statement – Partition…
Additional written statement – Partition suit – Defendant by way of additional written statement wants to withdraw the admission of character of property in original written statement – More so, application filed belatedly after closing of evidence – Order allowing application, set aside. (Madras)
Application U.O.15-A CPC – While…
Application U.O.15-A CPC – While considering application U.O.15-A CPC ought to direct deposit of damages/occupation charges upon termination of tenancy based on prevalent market rent.
Rent and eviction – Leave…
Rent and eviction – Leave to defend – Supervisory jurisdiction – While exercising supervisory jurisdiction, High Court will not go beyond what is pleaded in leave to defend application as the same would be permitting additional grounds and thus extending period of limitation.
Consolidation of suits – Interconnecting…
Consolidation of suits – Interconnecting interests in relation to three subject matter of suits in question – For an effective and expeditious disposal of suit and in order to avoid a contradiction in finding to be recorded by Court below, with regard to interest of parties to suit, same deserves to be consolidated and to […]
