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Supreme Court & High Courts Judgments
Cumulative Increase--Grant of cumulative increase in the market value of the land is not an absolute rule and that it is optional and may be granted in a given case only. ..
Supreme Court
Payment not made by seller within date stipulated in the agreement--Consequence mentioned for non payment was forfeiture of advance money and not cancellation of agreement--Buyer also failed..
Suit for declaration, specific performance and permanent injunction with regard to flat in a cooperative society--Jurisdiction of Civil Court is not barred..
Punjab & Haryana High Court
Once the preliminary decree has attained finality--The same is not open for redetermination..
Rent during pendency of Suit--Rent Controller while assessing provisional rent can also assess rent pendente lite..
Determination of Nature of Property--Where lands are so mixed up that the ancestral and non-ancestral portions cannot be separated and segregated, then they must be regarded as non-ancestral..
Partition by metes and bound--Once the Local Commissioner himself found difficulty in measuring the dimensions then partition as suggested by him should not have been relied upon--Impugned f..
Application for withdrawal of suit was filed after filing of application for rejection of plaint--Till application Order 7 Rule 11 CPC is decided, the plaintiff cannot be allowed to withdraw..
Question whether the property is ancestral or not cannot be considered in an application under Order 7 Rule 11 CPC..
Plaintiff asserts his possession by virtue of agreement to mortgage executed in their favour by the owner--However, the owner himself has filed execution petition for recovery of possession ..
Claim by State--Mere plantation of trees on waste/ uncultivable land is not sufficient to prove animus possidendi..
Continuous wrong entry in the revenue record does not operate as estoppel..
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