Suit for possession of immovable property. About court fee in suits of immovable property 2022-12-30

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A suit for possession of immovable property refers to a legal action taken by an individual or entity to seek the possession of real estate, such as land or a building, from another individual or entity. This type of suit is often filed in the context of a dispute over ownership or the right to occupy the property in question.

There are several reasons why an individual or entity may file a suit for possession of immovable property. One common reason is that the individual or entity believes that they have a legal right to the property, either because they own it or have a valid lease agreement. In this case, the individual or entity may file a suit for possession in order to assert their right to occupy the property and prevent the other party from using or occupying it.

Another reason for filing a suit for possession of immovable property is if the individual or entity believes that the other party is occupying the property illegally or without their permission. This could occur if the other party has trespassed on the property or has taken possession of it through force or fraud. In this case, the individual or entity may file a suit for possession in order to have the other party removed from the property and regain control of it.

In order to file a suit for possession of immovable property, the individual or entity must first establish that they have a legal right to the property. This may involve presenting evidence of ownership, such as a deed or title, or presenting a valid lease agreement. The individual or entity must also show that they have been deprived of the possession of the property by the other party.

If the suit for possession of immovable property is successful, the court will issue an order directing the other party to vacate the property and return possession to the individual or entity. If the other party refuses to comply with the order, the individual or entity may seek the assistance of law enforcement to forcibly remove the other party from the property.

Overall, a suit for possession of immovable property is a legal action taken to assert an individual or entity's right to occupy or control a piece of real estate. It is an important tool for resolving disputes over ownership or possession of property and can help individuals and entities protect their interests and rights.

SUIT BY A PERSON DISPOSSESSED OF IMMOVABLE PROPERTY UNDER SPECIFIC RELIEF ACT

suit for possession of immovable property

However, the Court noted that barring bald assertions in the written statement, no evidence had been led by the petitioners to make out the case propounded above. Difference between Section 7 and 8 Under section 8 no suit can be brought against the owner, while under section 7 a person enjoying special or temporary right to present possession can bring suit even against the owner and under section 7 a decree is for the return of movable property or for the money value in alternative while under section 8 decree is only for return of specific article. So consult a lawyer with all these documents. It is restricted to suits based only on possession. Let us now understand this with the help of an example. A special or temporary right to an individual may arise by either act of the owner of goods i. Some proceedings were also initiated against both parties under Section 145 Criminal Procedure Code.

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POSSESSORY REMEDIES AGAINST IMMOVABLE PROPERTY UNDER THE SPECIFIC RELIEF ACT

suit for possession of immovable property

INTRODUCTION The stories of people being thrown out of their property are not uncommon, also a lot of time criminal force is used to evict them and take over their properties. . They say that a preliminary decree or any other decree cammot be set aside in the same suit in which it was granted, even if the suit is still pending. In Gunwant Lai v. If you have taken the possession of property illegally without the knowledge of the owner i. If the original owner does not come forward and assent his title by process of law within the period of limitation, his right is extinguished and the person in possession acquires absolute title. The title may be of ownership or possession.

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Part V of Limitation Act

suit for possession of immovable property

But the court registry guides the advocates and demands for court fees on market rates and still some partition suits are dismissed stating that the party has to file a declaration suit with an Advelorium court fee. He further elicited that on the date of sale deed in favour of the defendant Kamlabai was in possession. Now from where the donor had acquired any interest in the property in the year 1995 when he had already relinquished all his rights in the property and what prompted him to pay the taxes for the property when he has no interest in the property. Under section 5, a person dispossessed can get possession on the basis of title, whereas in section 6, a person dispossessed may recover possession by proving previous possession and further wrongful dispossession. Basic ingredient of adverse possession is assertion of hostile possession and title to the knowledge of the real owner. It has come in evidence that there after Kamlabai started residing in the suit house. It is not difficult to obtain a certified copy of the sale deed if such document is at all executed.

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Suit for possession of property

suit for possession of immovable property

The question before the court was whether the Plaintiff who files a claim for possession and for the eviction of the Defendant on the basis of title but is unable to establish his title is still entitled to a decree for possession under Section 9 of the Specific Relief Act, 1877, if he can establish possession within six months prior to the date of his dispossession? Originally, the suit was valued at rupees one crore only and a court fee of Rs. This question is about court fee for different suits dealing with immovable property. That is why I posted this question. In a contract, where plaintiff has been given an unfair advantage over the defendant B. What will be the court fee to be paid for CANCELLATION OF DECREE of possession? The gift deed executed by your grandfather, trust deed and the settlement deed have to be perused threadbare to advise. In order to bring a suit within the purview of the Art.

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Possession Recovery of Movable and Immovable Property

suit for possession of immovable property

The law respects possessory rights over immoveable property, even in the absence of valid title. According to this section, if a court delivers possession to the aggrieved party, then no appeal or review can be allowed against that decision. Subject to the provisions of this Code, all persons having an interest either in the mortgage-security or in the right of redemption shall be joined as parties to any suit relating to the mortgage. Thank you once again for your kind reply, G L N Prasad sir. INTRODUCTION The Specific Relief Act of 1963 has taken care of a significant number of legal remedies. For illustration, Mr A rents an apartment to Y, and according to the rent, agreement tenancy will continue for 11 months.

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Law Web: Delivery of possession of immovable property is not sine qua non for passing the title

suit for possession of immovable property

For instance, the remedy of damages for contract violation is provided under contract law. The article is written by 3 rd Year Law Student of Baba Saheb Ambedkar College of Law, Nagpur. This section does not protect title but this section protects the possession of an aggrieved person. If you would also like to contribute to my website, then do share your articles or poems at secondinnings. In the court fee act also, we have a separate section for CANCELLATION OF DECREES AND OTHER INSTRUMENTS. Even where possession of immovable property is not delivered, a title can pass in favour of the purchaser under the registered sale deed. Impact of entitlement The plaintiff must be entitled to possess the immovable property.

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If Party Seeking Possession Of Immovable Property Is Aware About Sale In Favour Of A Third Party, It Must Implead The Latter As An Objector: Delhi HC

suit for possession of immovable property

I asked lawyers and they are not sure. Counsel for the Decree Holders placed reliance on Order XXI Rule 102 of the CPC to contend that nothing contained in Order XXI Rules 98 and 100 of the CPC would apply to an Objector to whom the Judgment Debtor has transferred the property after the institution of the suit in which the decree was passed. Thus, a plaintiff, although suing more than six months after the date of possession and without resorting to a possessory suit Specific Relief Act, s. It is in reference to such cases that it has been held that possession is evidence of title, and the plaintiff who proves such possession and subsequent disturbance, shifts the The Calcutta High Court has, on the contrary, held that mere previous possession will not entitle a plaintiff to obtain a decree for recovery of possession except under the Specific Relief Act which entitles him to recover possession if the suit is brought within six months from the date of dispossession. Where such deposit has been made, the purchaser shall be entitled to an order for repayment of the amount of the purchase-money paid into Court by him, together with a sum equal to five per cent thereof. The objects of section 6 are as follows. The defendant who is the neighboring plot owner, in order to grab the suit property got executed a sale-deed from Kamlabai Rokde in his favour on 30.

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Recovery of Possession of Immovable Property under Specific Relief Act

suit for possession of immovable property

A search on internet for SUIT FOR SETTING ASIDE DECREE shows that such suits had been filed in the past. If they do so now, isn't it time barred and barred by law?? Methods for regaining custody of particular immovable property are provided in Sections 5 and 6 of the Specific Relief Act of 1963. Although there lies some ambiguity in the features of Section 6 like single trial and no review appeal which can alter justice. The appellants were defendants in the original suit preferred by the Respondent herein, claiming to be in peaceful possession of the suit property. The Allahabad High Court once ruled that it is usually for a plaintiff who seeks ejectment to prove his title. Now consider the Suits for cancellation of decrees granted in the above Suits. It would be better to seek professional consultancy from a local prudent lawyer.

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