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Showing posts from April, 2020
suit for partition - deceased ancestors of parties for allotment of suit property - slum clearance board not confirmed title or ownership - Even possessory right or lease hold right over immovable property can be subject matter of partition.
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probate court has no jurisdiction to consider any issue as to title of testator
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owner of the property is entitle to have his right exercisedd up to the sky - defendants shall remove the projection of the defendants' roof over suit property - rain water falling from the roof of the defendants is not falling into the suit property - defendant have right to white wash - repair their wall - defendant have easement right to go into the neighbours land.
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purchases pendant light is entitled to get impleaded in a suit in which he is having substantial interest and contest matter on merits by cross examine in plantiff witness and adducing rebuttal evidence
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Payment of family pension - petitioner legally wedded third wife of deceased - first two wifes died - nomination in favour of petitioner - consent letter/ no objection letter given by Lrs of deceased - petitioner entitled to pension.
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As per Section 151 of the Code of Civil Procedure, a Court of law much less the Executing Court has got inherent power to restore the Execution Petition to file which has been dismissed for default earlier and viewed in that perspective
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