Recovery of Possession Archives

NRJ Series | When SC remitted case of recovery of possession to Trial Court for rehearing as per general law, since customary law was only applicable to ryots of village [(1954) 2 SCC 699]

This report covers the Supreme Court’s Never Reported Judgment on suit for recovery of possession, dating back to the year 1954.

Case Briefs High Courts

‘Necessary to determine real conflict between parties’; Patna HC sets aside order refusing to amend pleadings after commencement of trial

The Court stated that if the amendment was not allowed it would lead to unnecessary multiplicity of litigation, as the amendments appeared to be necessary to determine the real controversy between the parties.

Case Briefs High Courts

Judgment on Admissions | Is Court justified in allowing application under Or. 12 R. 6 CPC for absence of material pleadings, presence of moonshine defence in WS? Del HC discusses

Delhi High Court: Asha Menon, J., held that, “Mere fact that the boundary walls had been built by the defendants cannot be

Case Briefs High Courts

Person should have direct interest in subject matter of litigation to be added as party to suit

Orissa High Court: A Single Judge Bench of Dr A.K. Rath, J., allowed the petition which challenged the order of the trial

Case Briefs High Courts

Landlord not entitled to claim damages after termination of tenancy if he fails to take steps for recovery of possession

Bombay High Court: A Single Judge Bench comprising of A.M. Dhavale, J. dismissed a second appeal filed against the order made in first