Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for mandatory injunction - Removal of construction - Property in question is joint - Proceedings were pending before Consolidation authorities and no attempt was made by plaintiff to get their shares demarcated - At no point plaintiff ever sought relief of partition - Even, in absence of substantive relief and..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Non-disclosure of cause of action - Suit for permanent injunction - Plaintiffs have claimed themselves to be co-owner and to be in possession of a portion of property with a further assertion that defendants are trying to dispossess them of same illegally - Plaint thus, shows a cause of action as claimed..........
Civil Procedure Code, 1908, Order 41, Rule 23, 23A -- Remand - Suit for permanent injunction - Lower Appellate Court has committed a grave error in not noticing evidence of either of parties, neither returning any definite finding regarding property in dispute, construction or possession of either of parties and has dismissed the same - Since disputed issues between..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for permanent injunction - Plea that concurrent findings of two Courts below is beyond pleadings - Concurrent findings of two Courts holding plaintiff in possession of suit property - Dispute between parties duly covered by issues framed by trial Court - Parties went to trial Court knowing fully the case they..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for permanent injunction - Concurrent findings regarding possession and user which was passed on oral evidence of parties are pure findings of fact - Said findings cannot be interfered in exercise of powers u/s 100 CPC - Second appeal dismissed...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Plaintiffs may have an arguable case in their favour but balance of convenience is certainly not in their favour - They also failed to show that they would suffer irreparable loss and injury in case of refusal of grant of temporary injunction - Moreover, plaintiffs concealed the fact that they along..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for permanent injunction - Plaintiff is recorded tenure holder in possession of disputed property - Defendant has failed to prove that disputed land was acquired by him - Defendant has further admitted possession of plaintiff on disputed property - Appellate Court rightly held that plaintiff is owner of..........
Urban Lands (Ceiling and Regulation) Act, 1976, Section 10, Specific Relief Act, 1963, Section 34 -- Surplus land - Suit for declaration and permanent injunction - Possession of land was taken by authority by conducting panchnama for which plaintiff is a signatory - Land was allotted to BDA and same was utilized for public purpose - Belated attempt was made by plaintiff by..........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit - Suit for declaration of title and permanent injunction - No formal defect found in the suit - Plea of plaintiff that his predecessors in title had exchanged their properties in lieu of suit properties - However, when plaintiff knows that he filed application at fag end of trial, he should have given..........
Civil Procedure Code, 1908, Order 6, Rule 1, 2 -- Pleadings - Suit for declaration of joint possession and permanent injunction - Admission of one of defendant regarding suit property is joint co-parcenary property in other suit itself does not prove that property is ancestral property when such admission is only pleading in other suit, more particularly when it is proved..........
