Civil Law
Mode of Citation- ILC-2017-SC-CIVIL-....
Get started with Indian Law Cases
Your password will be generated automatically and will be sent to your email-id provided in this form.
Full Name
Email ID
(this email-id will be treated as your User ID also)
Address
City
Mobile No
* Mobile No is required for verification of identity
 Bare Acts  | Legal Resources  | Lawyer Locater  | Articles  | Legal Dictionary  | Download Desktop Software  | Subscription   Home   |   E-Journal  |  Sign-In  | Contact Us  | Disclaimers

Civil Law
 Search Tips
Civil Law
Mode of Citation- ILC-2017-SC-CIVIL-....
Judgement Subject Index/Important Decision/Topic

ILC-2012-SC-CIVIL-Jul-6

Nitin Gunwant Shah Vs. Indian Bank

Head Note

The Code of Civil Procedure, 1908  - Section 51 , Order XXI

Recovery of Debts due to Banks and Financial Institutions Act, 1993 - Section 19(22) - Mortgage of property against payment of dues - Non- payment of amount to Bank - Debt Recovery Tribunal decreed suit and ordered auction of property - Petitioner was occupying the property - His legal status not known asto whether he was in possession of the property tenant or was a trespasser - Prayer of petitioner that he should not be evicted and auction sale should be subject to his right to remain in possession - Held - Prayer was ill-conceived - Without his status being determined - Respondents are at liberty to proceed with the sale of the property in dispute and handover the possession of the property to the purchaser after evicting the petitioner herein - If the petitioner loses the possession of property pursuant to the recovery proceedings initiated by the respondent-bank - The petitioner can always seek restitution of the possession of the property.

The Code of Civil Procedure, 1908  - Order XX Rule (12) , The Transfer of Property Act, 1872  - Section 111

Eviction of a person who was in occupation of property - Whether a person in possession of immovable property is a tenant or a licencee or a trespasser, he cannot be evicted except in accordance with the procedure established by law - The person entitled to possession is required to obtain a decree for eviction from competent Civil Court.

The Code of Civil Procedure, 1908  - Order XXIII Rule (1)

Suit by petitioner that he be declared tenant of premises - Suit dismissed for non-prosecution - Dismissal become final - Second suit is barred under Order 23 Rule 1(4) - Order 23, Rule 1(4) of Civil Procedure Code, inter alia, provides - (1) Where the plaintiff - (a) abandons any suit or party of claim under sub-rule (1), or (b) withdraws from a suit or part of a claim without the permission referred to in sub-rule (3), he shall be liable for such costs as the Court may award and shall be precluded from instituting any fresh suit in respect of such subject-matter of such part of the claim.

Topic(s)-Suit Dismissed for Non-prosecution

Important Decision(s)- 

  • TP Act, 1882 - Section 111 - Whether a person in possession of immovable property is a tenant or a licencee or a trespasser, he cannot be evicted except in accordance with the procedure established by law - The person entitled to possession is required to obtain a decree for eviction from competent Civil Court.
  • CPC, 1908 - Order 23, Rule 1(4) - Suit dismissed for non-prosecution - Second suit is barred under Order 23 Rule 1(4).







                                                                          Full Judgement Body is not available


     
@2016 Indian Law
Name
Email ID
Please Wait..