In litigation, especially negligence claims arising from accidents, parties must . But what happens when a ? Can they pivot and 'take shelter' under the defendant's version of events? A pivotal ruling answers with a resounding no. This post delves into the landmark decision where the plaintiff couldn't rely on the defendant's case [
…OPD 4) Whether the defendant No. 2 is a lawful tenant of this plaintiff? …OPD 5) Whether the defendant No. 2 is in unauthorized occupation of the suit property? ... As the suit house is a joint property of defendants and plaintiff, therefore, the defendant No. 2 has a right of residence in the suit house.” 4. ... OPP” 6) Whether the plaintiff with in collusion of defendant#HL_....
Once Ashutosh/defendant No.3 had no right over the property, appellant Kailash Narayan cannot take shelter on the ground that rent was paid to defendant No.3 Ashutosh. ... Assertion of defendant No.1 that since 01-04-1995 he started paying rent to defendant No.3 lacks merits because defendant No.3 had no authority to take rent from defendant#....
Given the high rental value of similar properties in the locality and the lifestyle and amenities she has long enjoyed, the Defendant cannot be left without suitable shelter. ... It depends on facts of each case for which no further discussion is necessary in the facts of the present case. The High Court in the impugned judgment has also expressed opinion that suit filed by the plaintiff cannot be held to....
This is not a case where due to some forcible events, Suvidhya was required to take a shelter in her sister’s house. On the contrary, it appears that Plaintiff’s mother resided separately at Lalbaug and Parel. ... shift in Dinamai's house to take care of her. ... The theory of plaintiff shifting in tenanted premises to take care of Dinamai's health also appears to be unbelievable, consid....
It is not unknown in our society that brothers and the wives of the deceased brother would come and stay in case of distress. It is also not unknown that relatives in distress would take shelter with their relations. ... Further case of Plaintiff about Second Defendant making use of the suit premises for storing his own goods is required to be considered in conjunction with Plaintiff’s p....
shift in Dinamai’s house to take care of her. ... Defendant’s wife was Sitaram’s niece and accordingly Defendant and his wife started residing with Sulochana to take care of her health. Defendant faced an allegation of being unauthorized sublettee of Sulochana. ... The theory of Plaintiff shifting in tenanted premises to take care of Dinamai’s health also appears to be unbelievable, cons....
Thereafter, they were provided shelter by Sh. Chhering Ram. Plaintiff did not take pains to enquire about the well-being of the defendants and minor daughter. Since the defendants had no other shelter, they had every right to live with plaintiff. ... It was asserted that defendant No. 1 was legally wedded wife of plaintiff. It was the plaintiff, who ha....
The defendant Nos.1 and 3 are intending to take shelter under Ex.B17, which is an interim order passed by the trial Court under Section 23 of the Insolvency Act giving protection to the defendant Nos.1 and 3 from attachment and arrest. ... The brief facts of the case, which necessitated the appellants/defendant Nos.1 and 3 to file the present appeal, are as follows: a) The plai....
It is the case of the Defendant that the father of the Plaintiff was using the suit land as threshing floor with his permission and thus ... The Competent Authority disposed of the said proceeding instructing the parties to take shelter before the Defendant that Rama Naik the maternal grand-father of the Defendant land on receiving the market value to which ....
take 10. ... Brief facts of the case are as under: Plaintiff’s case: a) It is the case of the plaintiff that the defendant is running a construction firm in the name and style as P.M.Construction and the plaintiff was working under the defendant from 1996 as Supervisor ... Therefore, considering the possession of the plaintiff as s....
It is also stated that Sisti Suryamani have given house sites to each of their daughters and they have constructed their own houses and residing over there. The Plaintiff No.1 having no house to live had to take shelter with the Plaintiff No.2.
Thus, plaintiff, who did not value the suit properly while presenting the plaint, cannot take the shelter under the umbrage of Section 14 of the Limitation Act. That apart, Section 14 of the Limitation Act was not his case before the Courts below nor the courts below had jurisdiction to extend the benefit of said provision to his case. Obviously Section 14 will have no application in a case where the suit is dismissed after adjudication on its merits and not because the Court....
But the Courts below correctly held that the appellant/defendant has entered into the suit properties and after he made construction, the plaintiff/respondent has immediately filed the suit and after filing the suit, construction was completed. So the appellant/defendant is not entitled to take shelter under the doctrine of acquiescence.
The plaintiff who had received payment due under the contract on the strength of the said Bank Guarantee cannot be allowed to question its validity period, as specifically and prominently written therein. The plaintiff cannot be allowed to resile and take shelter by pleading mistake on part of the defendant No. 1, which did not allege so. The Bank Guarantee is an independent contract between the defendants inter se. It was done by mutual agreement of all the parties whereafte....
It is only after legal notice was issued by the Plaintiff, the Defendant had changed the name as N.K. ADIGA ABHIRUCHI and that too N.K. has been displayed insignificantly, which would clearly indicate that it has been changed only to pre-empt and overcome the protest of the Plaintiff. On the question of balance of convenience and irreparable loss, the Court observed as follows: “14. As such the Plaintiff cannot take shelter under the said provision. Even otherwise the Act pro....
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