Court : Gujarat
Reported in : (1995)1GLR315
..... if the court upheld the contention of the defendant to the effect that the suit premises were governed by the act, the respondent as the plaintiff would have been nonsuited, simply because the appellant herein as the defendant raised the plea that the act would be applicable to the suit premises would not change the forum for trial of the suit in view of the aforesaid binding ruling of the supreme court in me case of topandas (supra ..... if, therefore, the plaintiff in his plaint does not admit a relation which would attract any of the provisions of the act on which the exclusive jurisdiction given under section 28 depends, the defendant by his plea cannot force the plaintiff to go to a forum where on his averments he cannot go. ..... we are unable to accept the submission urged before us by shri shah for the appellant to the effect that, since the defendant raised an issue regarding applicability of the act to the rented premises, the matter should have been decided by the rent court in view of section 28 thereof. ..... stage it would be quite proper to mention that, in the aforesaid ruling of the supreme court in the case of haji ismail (supra), the trial court had passed the decree for possession on the ground that the act was not applicable but the first appellate court upset that decree by holding that the act was applicable as the suit premises was let to the tenant/club for purposes of business. ..... gorakhram reported in : [1964]3scr214 provides a complete answer. .....
Tag this Judgment!Court : Gujarat
Reported in : (1992)1GLR440
..... he further contended that he is in possession of the suit property as a tenant and the rent act is applicaple to the town rahpar,where the suit property is situated, and, therefore, he is entitled to the protection provided under the rent act. ..... it is true, section 111(f) of the transfer of property act, 1982 ('t.p. ..... 1 to 9 would be entitled to retain possession of the mortgaged property on redemption as statutory tenants since they are protected tenants under the bombay rent act. ..... act, is without any merit.29. ..... act would not be attracted in the present case and, therefore, there is no question of merger of tenancy rights. ..... act. ..... act with great respect does not seem to be correct. ..... act.20. ..... act. ..... act' for short hereinafter),provides one of the 11 modes of termination of lease. ..... thus, according to his contention, the defendants are entitled to retain possession of the mortgaged suit property on redemption as the tenancy would revive on redemption as they are protected tenants under the bombay rent act. .....
Tag this Judgment!Court : Gujarat
Reported in : (1992)1GLR577
..... -00...by the plaintiffs, the plaintiffs are entitled to 250 shares belonging to the said defendants in the ganga devi sugar mills ltd, and 5 annas share belonging to them in the marwadi brothers...and to all dividends and profits in respect thereof with effect from 1/2/1941....next clause in the decree there, was with regard to the execution of the appropriate deeds is favour of the decree holder. ..... that was a case where the supreme court was concerned with section 58 of the transfer or property act while dealing with two separate documents, one of a sale and another of an agreement to execute reconveyance, on the same day. ..... it appears that there were proceedings under section 85(a) of the bombay tenancy and agricultural lands act, 1948 during the pendency of this suit and there is a chequered history with regard to such proceedings and further developments concerning such proceedings. ..... in the context of such a self-contained clause in a decree, it was held that that was a clause which was a self-operative final decree and the provision contained in section 28 of the specific relief act, 1963 did not apply to such a decree. ..... dev karan, reported in : [1964]8scr239 and indira kaur v. ..... was already made by the mortgagor and it was held that a new right to get his (mortgager's) demands enforced through the court had then arisen as a result of the provision contained in section 60 of the transfer of property act. .....
Tag this Judgment!Court : Gujarat
Reported in : (1982)1GLR268
..... to restrict the jurisdiction of the court to one of two or more courts, which would otherwise have jurisdiction and that ordinarily such an agreement will not be treated as the one referred to in section 28 of the indian contract act, but the facts and circumstances of some may the a picture different from the one which would ordinarily arise.6. ..... incorporated under the companies act and having its office at bombay is the plaintiff ..... he then was) has held as follows:it would be grossly unjust drive the plaintiff merely on the score of the choice of forum to file a suit at hyderabad as it would be precipitating injustice to him and the insurance company would be able to succeed on such a dishonest technical ground. ..... obviously would not be interested now in carrying the battle because it appears that the insurance company has indemnified the said plaintiff no. ..... 1 herein, is verb deutsche seereederai, which is a company having its principal office in germany and they are doing the business of marine ..... 3 is the insurance company, having its office at bombay, now undertaken by the united india general insurance company, the state concern ..... 2, in the form of a limited company, who has to look after its affairs and enter into contracts on its behalf in india, the hardship, if any, to be undergone by the defendant ..... 3, now a nationalised insurance company of india, in west ..... : [1964]1scr19 in the light of reference to arbitration and section 34 of the act, which deals with staying of the .....
Tag this Judgment!Court : Gujarat
Reported in : (1985)2GLR741
..... to a suit for possession of immovable property, and on expiry of the period of limitation, right of a person instituting the suit to such property will be extinguished article 65 of the limitation act which deals with limitation provides that for possession of immovable property or any interest therein based on title, the period of limitation is 12 years from the date when the possession of the defendant ..... a minor was wholly void and, therefore, the plaintiff acquired no title under the conveyance of 1924, but after 12 years, possession he would acquire a title under section 23 of the limitation act, 1908, which provided that at the determination of the period limited to any person for instituting a suit for possession of any property, his right to such property shall be extinguished. ..... provisions of sections 5 and 6 (old sections 8 and 9) of the specific relief act, and articles 64 and 65 of the limitation act, 1963, the legal position will be as under:(1) a person who is in possession of immoveable property if dispossessed without the authority of law can file a suit against such person within a period of six months under section 6 of the specific relief act, and in such a case he is entitled to possession even against a rightful owner. ..... without the authority of law, he can file a suit within 12 years (article 64 of the limitation act) relying upon his possessory title against any body except the true owner. ..... alexander : [1964]1scr316 , came to the conclusion that the suit was .....
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