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Supreme Court & High Courts Judgments
Rent during pendency of Suit--Rent Controller while assessing provisional rent can also assess rent pendente lite..
Punjab & Haryana High Court
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..
Order granting interim maintenance remanded to be decided afresh after taking affidavits of assets and liabilities from the parties ..
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..
Violation of Decree by Judgment Debtor--For initiating proceedings under Order 21 Rule 32 CPC it is sine qua non to allege the date, time, or year when intentional infringement of the decree..
The issues are not required to be framed merely on the basis of the prayer made in the suit
Plea of Alibi--CCTV Footage--Distance between two places was not such that he could not reach within a short span of time--Bail declined..
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