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1 - 10 of 18 (0.24 seconds)Section 92 in The Indian Evidence Act, 1872 [Entire Act]
Section 91 in The Indian Evidence Act, 1872 [Entire Act]
Section 53 in The Transfer Of Property Act, 1882 [Entire Act]
Section 49 in The Registration Act, 1908 [Entire Act]
Section 53A in The Transfer Of Property Act, 1882 [Entire Act]
M/S Delton Cables Ltd. vs Sh. Kishore Kumar Sharma & Ors. on 21 July, 2010
17. Ld. Counsel for Plaintiff submitted that as the present suit
was between the landlord and tenant, therefore, Section 7 (ix) of
the Court Fees Act would apply and therefore, the suit was
properly valued. He relied upon the judgment of the Hon'ble
High Court of Delhi in Delton Cables Vs. Kishore Kumar
Sharma and Ors (2010) SCC OnLine DEL 2414. He thereafter,
submitted that the doctrine of Order II R 2 of CPC was
inapplicable as the previous suit filed by the Defendant herein
was a suit for specific performance and the causes of action being
different, there was no question of a bar under Order II R 2 of
CPC.
M.C.Agrawal Huf vs M/S. Sahara India & Ors on 28 April, 2008
18. Coming to the main issues, it has been submitted that
admittedly, the Plaintiff is the actual and absolute owner of the
suit property. It has been submitted that the suit of the Defendant
for specific performance of the agreement to sell dated
26.04.2011 has been dismissed by this Court and therefore, the
suit for recovery of possession should be decreed. Consequently,
it has been argued that the prayers for arrears of rent and mesne
profits should also be decreed. Ld. Counsel for Plaintiff has also
relied upon a judgment in M.C. Aggarwal Vs. Sahara India and
Sh. Rajpal vs Smt. Dayawati
Suit No. 16887/16 14
Ors (2011) SCC OnLine DEL 3715.
Union Of India And Ors vs Kishori Lal Bablani on 3 December, 1998
20. It has been further argued that the landlord-tenant
relationship, if any, came to an end by virtue of the mediation
agreement dated 16.12.2016. It has been submitted that during
the pendency of the suit, the matter came to be settled and an
agreement was drawn up by the Court appointed Mediator which
resulted in a novation of the earlier agreements between the
parties as per Section 62 of the Indian Contract Act, 1872 and
therefore, the cause of action for the present suit was at an end.
Ld. Counsel for Defendant relied upon the judgment of Union of
India Vs. Kishori Lal Gupta (1959) SCC OnLine SC 6.
Bhagwati Prasad vs Shri Chandramaul on 19 October, 1965
In Bhagwati Prasad v. Chandramaul, 1965 SCC OnLine
SC 111 : (1966) 2 SCR 286 : AIR 1966 SC 735 : (1967) 1 SCJ
666, the Hon'ble Supreme Court of India found that: