within three months from the
date of passing of the decree. However, no decree for mesne profit was passed by
the learned Trial Judge while ... give a right to the plaintiff to get a
decree for eviction even under the Transfer of Property Act , unless it is proved
that such
said suit inasmuch as in order to get a decree for
eviction under the Transfer of Property Act , the plaintiff is not
required to prove ... under an
impression that the suit is under the Transfer of Property Act
where decree for eviction can be passed only on proof of service
landlord under the
Transfer of Property Act . Section 106 of the Transfer of Property Act provides
that a decree for eviction can be obtained from ... existence while passing a decree for eviction of a tenant.
When both the courts below passed a decree for eviction by holding that the
relationship
decree for specific performance of the said contract was prayed for.
Injunction was also sought for against those transferees for restraining them
from transferring ... decree in favour of the plaintiffs. He thus, invited us to set aside
the impugned judgment and decree and to pass a decree for specific
also for subletting. The said suit was
subsequently transferred to another court and on being so transferred, the said
suit was re-numbered as Ejectment ... Subodh Kumar Mukherjee who again transferred the suit
property in favour of the present decree-holder, namely, Anjana Sengupta.
It was alleged by the appellant
suit property. They
claimed that the decree which was passed in favour of the plaintiff/decree-
holder against M/s. Hindustan Motor Finance Corporation ... joining the sub-tenants as parties therein, the decree is a collusive one and such
decree is not binding upon the sub-tenant.
The learned
said suit. The transfer made by
Fulu Murani has been challenged by the defendants since such transfer violates
the provision contained in Section ... cannot be transferred in favour of the transferee. The learned first appellate
court thus held that since no title was validly transferred in favour
decree
for eviction on the ground of violation of the provision contained in Clause
(m), (o), (p) of Section 108 of the Transfer of Property ... made by the defendants/tenants
within the tenancy?
ii) Whether the decree for eviction passed by the learned First Appellate Court
on the ground
decree dated 6th May, 2016
passed by the Learned District Judge, Darjeeling in O.C. Appeal No. 09 of 2014 affirming the
judgement and decree ... Transfer of Property Act upon the
defendant. The learned Trial Judge thus, held that since the tenancy of the defendant is governed
by the Transfer
passed a decree for maintenance of joint
possession by the parties.
Being aggrieved by and dissatisfied with the said judgement and decree of the
learned ... suit plot. He transferred 6 decimals of
land by gift in favour of his wife in 1987. After such transfer by way of gift
