Specific Relief Act, 1963, Section 13 -- Imperfect title - Suit for recovery of earnest money - Agreement shows that neither defendant had saleable title qua specific khasra numbers regarding which he agreed to sell to plaintiff nor he alleged that original owners had title qua specific khasra numbers - Even, there was no agreement in favour of defendant by anybody to sell..........
Specific Relief Act, 1963, Section 13 -- Readiness and willingness - Suit for recovery of earnest money - Allegedly, original owners were also not exclusive owners of specific khasra numbers which defendant agreed to sell - Even, they were also recorded to be owner of only share in joint holding with their co-sharers - Therefore, without getting partition of property any..........
Indian Penal Code, 1860, Section 447, 427, 379, 506, 148, 149 -- Offence u/ss 447, 427, 379, 506, 148, 149 - Admittedly, there is land dispute between parties - Even, as per cross-examination of caretaker of disputed land, it shows that there is no Khasra girdawri in name of complainant or his name - Moreover, neither he knows four sides of disputed land nor he can tell in..........
Co-sharers -- Joint land - Every co-sharer would be deemed to be in possession of every inch of land till same is partitioned by metes and bounds - Even if land is sold by specific khasra number out of joint land, same shall amount to sale of share only...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Plaintiff able to show his prima facie case by depicting that he is owner in possession of suit land (his name being recorded in khasra and Khatauni in revenue records) - Relief of temporary injunction rightly granted in favour of plaintiff...........
Civil Procedure Code, 1908, Order 26, Rule 10 -- Local Commissioner - Report of local commissioner does not hold any efficacy, when local commissioner has no personal knowledge of suit land and did not conducted relevant exercise with respect to suit Khasra number possessing relevant musabi - Thus, mere estimation with respect to location of suit Khasra number made by..........
Specific Relief Act, 1963, Section 37, 38 -- Suit for permanent prohibitory injunction - No issue framed to the effect that suit was not maintainable in absence of proper specifications/khasra numbers as possession was with defendant - Even, no such objection was taken by defendant in his written statement - In absence of proper issue regarding maintainability of suit,..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for declaration - Amendment sought to correct Khasra no. of suit property - Patwari wrongly supplied incorrect Khasra no. to plaintiff - Said explanation is absolutely plausible, as plaintiff has nothing to achieve by mentioning wrong khasra no. - Case is fixed for plaintiffs evidence - Amendment..........
Specific Relief Act, 1963, Section 37, 38 -- Injunction - To restrain defendants from interfering in peaceful possession - Plaintiff claiming title and possession over suit land on the basis of Will - Will not seen the light of day for about ten years - Will not disclosed even during earlier litigation pertaining to same land nor produced before revenue authorities for..........
Suit for possession -- Plaintiff and defendant both claiming to be tenants and paying rent - Rent receipts show that plaintiff was allotted land in khasra No.270 whereas defendant was allotted land in khasra No.267 - Concurrent finding of courts below that defendant is in possession and allotted different land in khasra No.267 and he has no right to claim the suit property..........
