AI Overview...
- Suit Maintainability - The sources indicate that suits related to immovable property are generally maintainable, especially when involving ownership, possession, or rights over such property. For example, in ARUN VAMANRAO SHASTRI VS LINA ARUN SHASTRI - Gujarat, it is stated that a suit for maintenance is maintainable and remedies can include securing payments via charges on immovable property. Similarly, S. V. Krishnamoorthy (Deceased) VS S. Vasantha - Madras discusses suits for possession based on title, affirming their maintainability. However, certain procedural or jurisdictional issues, such as the need for proper parties or adherence to specific laws, can affect maintainability. For instance, Jagdish Narayan VS Radhe Shyam - Rajasthan clarifies that suits for sale or possession of immovable property are maintainable even without specific prayers, provided the claim is related to such property.
- Specific Limitations and Conditions - Some sources highlight limitations, such as the necessity of proper registration (Khurshid Bano wd/o Mohd. Ayub VS Mohd. Afsar s/o Mohd. Samsher - Bombay) or proper parties being impleaded, like the temple in Kasambu VS Sumathy - Madras. Also, suits based on unregistered agreements or claims of ownership (benami transactions) may face jurisdictional constraints, as discussed in Jagdish Narayan VS Radhe Shyam - Rajasthan.
- Not Only Immovable Property - The sources suggest that suits are not limited solely to immovable property; they can involve related issues like relinquishment of interest (Khurshid Bano wd/o Mohd. Ayub VS Mohd. Afsar s/o Mohd. Samsher - Bombay), accounts of trustees (RAM PERSHAD VS CHHANO DEVI - Delhi), or arbitration concerning lease agreements (Shailesh Anilkumar Amin VS Gujarat Metro Rail Corporation (GMRC) Ltd. - Gujarat). The core requirement is that the suit pertains to rights, possession, or interests over immovable property or related legal issues.
- Conclusion - Suits for maintenance, possession, or rights concerning immovable property are generally maintainable. However, procedural compliance, proper parties, and jurisdictional rules must be observed. The context of each case—ownership, transfer, or dispute—determines the specific maintainability and scope.
References: - Shyamabai w/o Shriram Sharma (since deceased) VS Ramkisan s/o Prabhatilal Mittal - Bombay, Khurshid Bano wd/o Mohd. Ayub VS Mohd. Afsar s/o Mohd. Samsher - Bombay, Kasambu VS Sumathy - Madras, Zarinabi w/o Abdul Amir VS Shamim Sultana w/o Qamar Ali - Bombay, ARUN VAMANRAO SHASTRI VS LINA ARUN SHASTRI - Gujarat, Jagdish Narayan VS Radhe Shyam - Rajasthan, S. V. Krishnamoorthy (Deceased) VS S. Vasantha - Madras, RAM PERSHAD VS CHHANO DEVI - Delhi, Subhash Kathuria & Others VS Deve Sugars Limited - Madras, Shailesh Anilkumar Amin VS Gujarat Metro Rail Corporation (GMRC) Ltd. - Gujarat
Search Results for "Whether Suit Maintenable only Immovable Property"
2007 0 Supreme(Bom) 1731 • India - Bombay
B.P.DHARMADHIKARI
Respondent can’t contend that appeal at their instance is not maintenable appeal/deserves to be allowed. ... Hence, suit is liable to be dismissed. ... Hence suit is liable to be dismissed. ... It is therefore clear that in subsequent suit, finding was being given about the issues and subject matter in previous litigation & hence, Privy Council was required to find out whether right to immovable property fell for adjudication in that earlier suit. ......
2007 0 Supreme(Bom) 1631 • India - Bombay
C.L.PANGARKAR
Transfer of Property Act, 1882 - Section 8 - Relinquishment of interest - Immovable property - Suit for possession - Relinquishment ... of right in immovable property made in favour of a person having no interest in it - Amounts transfer of property - Absence of registration ... Ayub with respect to the property of Pyar Mohd. and questitioned his as to what should be done with that property. ... It is not disputed that the suit #HL_....
2012 0 Supreme(Mad) 2269 • India - Madras
T.RAJA
property. ... Second Appeal - Property Dispute - Tamil Nadu Building (Lease and Rent Control) Act 1961 - [Ex.A107, Sections 35 of the Indian ... Fact of the Case: The plaintiff sought delivery of possession of a property from the defendants, alleging willful neglect ... ... (iv) The learned counsel also argued that when admittedly the suit property belongs to the Padaleeswarar temple, the temple itself is not impleaded in the suit and without impleading the said temple as one of the....
2008 0 Supreme(Bom) 219 • India - Bombay
C.L.PANGARKAR
-The main question as to whether the defendant is ostensible owner and deceased Mohd. Sabir was the real owner. ... Sabir purchased the property in the name of defendant, his wife as he had apprehension that his brother may lay claim to the suit ... property. ... It was contended that the case of the daughter who went before the civil court as a plaintiff was that the transaction was a benami and in defence to which the wife/mother had set up a plea that she was the exclusive owner of the immovable #HL....
1972 0 Supreme(Guj) 88 • India - Gujarat
T.U.MEHTA
for maintenance - Since she is entitled to do so It cannot be said that the suit is not maintainable - In Courts opinion therefore ... are open to her and it is for her to select a particular remedy - In this case she has selected a remedy by instituting a regular suit ... if any the income and other property of the applicant and the conduct of the parties it may seem to the court to be just and any such payment may be secured if necessary by a charge on the immoveable property of the respondent. (2) If....
2009 0 Supreme(Raj) 58 • India - Rajasthan
ROHIT KUMAR SINGH, A.K.PUROHIT
Rule 11 — Grant of Khatedari rights on the basis of unregistered agreement — Held — Revenue Court has no jurisdiction to hear a suit ... basis of unregistered agreement — In order to prove rights and title on this basis jurisdiction lies to Civil Courts, therefore, a suit ... sale of immovable property a prayer for possession is made, but is is far from saying that without such a prayer, suit is not maintinable. ... ... (c) Transfer of Property Act, Sec. 54 - Whether....
2018 0 Supreme(Mad) 2701 • India - Madras
T.RAVINDRAN
Constitution of India, 1950 - Articles 60 and 65 - Hindu Minority and Guardianship Act, 1956 - Section 11 - Possession of Suit ... For possession of immovable property or any interest therein based on title. ... Having regard to the fact that the plaintiff and her brother are the legal heirs of the Sivagami Ammal is a suit for declaration by any one of the co-owners of maintenable? ... (ii). ... Act, it has to be seen whether the plaintiff has levied the suit wi....
1967 0 Supreme(Del) 145 • India - Delhi
M.M.ISMAIL
Whether the suit for rendition of accounts could be proceeded against the legal representatives? ... Issues: Whether a suit for rendition of accounts against a trustee can be maintained by a co-trustee? ... Whether the suit filed by the plaintiffs was not really a suit coming within the scope of Section 92, Civil Procedure Code, and consequently ... ... "co-TRUSTEES are co-owners of trust properties and are in law entitled to be injoint possession of all trust prope....
2009 0 Supreme(Mad) 658 • India - Madras
S.RAJESWARAN
Whether the auction purchaser is entitled to get possession of the subject property and a direction is to be issued to the official ... Whether the sale of secured assets in public auction as per Section 13(4) of the SARFAESI Act which ended in issuance of a sale certificate ... liquidator to remove the security guards and hand over the possession of the property? ... and hand over the possession of the property. ... Having rejected the objections raised by the respondents in C.A.No.1811 of 2005, now th....
2024 0 Supreme(Guj) 2031 • India - Gujarat
SUNITA AGARWAL, PRANAV TRIVEDI
25) ... ... Facts of the case: ... The appellants challenged the arbitral award concerning a lease agreement for commercial property ... In my opinion, however, the Respondent is right in submitting that while taking immovable property on lease from a private party, Government Guidelines/Circulars / Policy Decisions were required to be followed. ... (58) The learned Arbitrator has, then, proceeded to record that the Government guidelines / circulars / policy decisions were required to be followed while taking an immovable#HL....
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