LawMirror.com

Results of agricultural land injunction

Showing : 1-10 of 17 Results

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2020
Details

Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Application for temporary injunction allowed - Suit for possession - Petitioner seeking exclusive possession on the basis of oral partition - There is no entry in revenue record with regard to oral partition - Moreover, land in dispute is stated to be agricultural and therefore, the petitioners cannot raise any..........

ALLAHABAD HIGH COURT

Year of decision: 2018
Details

Civil Procedure Code, 1908, Section 9 -- Jurisdiction of civil Court - Agricultural land - Suit for permanent injunction, possession and damages - Civil Court have the power to entertain suit where main relief sought is that of injunction and demolition, a relief which could be granted by civil Court only - Relief of possession will be merely ancillary relief which civil..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2018
Details

Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Injunction - Co-sharer - Agricultural land - Defendant intended to construct - Proposed construction would change nature of agricultural land to gair mumkin land - Even if same ultimately comes to share of plaintiff after partition by that time, land would have been converted into gair mumkin and same cannot be restored as..........

SUPREME COURT OF INDIA

Year of decision: 2017
Details

Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration and permanent injunction - Agricultural land - Plaintiff claims to be owner of suit property on the basis of oral partition which took place between ancestors of parties - Defendants admitted said oral partition in family and its implementation - However, defendants failed to prove their ownership over suit..........

RAJASTHAN HIGH COURT

Year of decision: 2014
Details

Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Right to way - Restraining defendants from obstruction - Nothing to establish the easementary right of plaintiff - Commissioner's report shows that no such way exists which is alleged to be used by plaintiff as approach land to their field - Contention of defendant that plaintiff is using land of his..........

RAJASTHAN HIGH COURT

Year of decision: 2014
Details

Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Suit for injunction in respect of land which was originally agricultural land but was converted into commercial land - Suit maintainable in civil Court even when conversion was not at plaintiff's instance - Application rightly dismissed...........

MADHYA PRADESH HIGH COURT

Year of decision: 2013
Details

Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Permissibility - Suit for declaration and injunction of certain agricultural land has been filed by plaintiffs on averment that they are in possession of disputed property - In written statement it has been specifically pleaded by defendants that plaintiffs are not in possession of suit property -..........

ALLAHABAD HIGH COURT

Year of decision: 2013
Details

Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - No injunction whether permanent or temporary can be granted by Civil Court in respect of agricultural land against the recorded tenure holder in favour of a person who is not recorded tenure holder - Even otherwise no injunction can be granted against owner of property...........

MADHYA PRADESH HIGH COURT

Year of decision: 2012
Details

Court Fees Act, 1870, Section 7(iv)(c) -- Ad valorem court-fees - Levy of - Suit for declaration, permanent injunction - Possession of suit property sought as consequential relief - S.7(iv)(c) would be applicable - Land in question not assessed to land revenue being agricultural land - As it was situated within municipal limit, ad valorem court-fees payable as per value of..........

RAJASTHAN HIGH COURT

Year of decision: 2012
Details

Civil Procedure Code, 1908, Section 88, 207, Order 7, Rule 11 -- Rajasthan Tenancy Act, 1955, Sch.III, Item No.5 - Rejection of plaint - Suit for permanent, mandatory injunction and cancellation of sale-deed - Declaration of khatedari rights over agricultural land was the main relief sought - Held, declaration sought could only be granted by Revenue Court - Relief..........

Showing : 1-10 of 17 Results