Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for permanent prohibitory injunction and possession by way of partition - Concurrent findings of two Courts below that revenue record produced by plaintiff on record demonstrated that suit land was joint and same had not been partitioned - Even, DW1 had admitted in her cross-examination that suit land was not..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Report of handwriting expert was sought for comparison of signatures on admitted documents with signatures made on reply to interrogatories and vakalatnama - Suit filed for permanent injunction restraining defendant from encashment of bank guarantee - Bank guarantee is an independent..........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit - At the stage of defendant's evidence - Suit is simpliciter for permanent injunction, thus it can be filed any number of times on recurring cause of action - More so, plaintiffs being masters of suit are at liberty to withdraw the same and it is power of Court to grant permission to withdraw from such a..........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration and permanent injunction - Co-sharers - Land in question belongs to Gram Panchayat, which has not been impleaded as party - Injunction sought against co-sharers on the strength of an entry made in the Bahi in the year 1991 at a belated stage after 10 years - Possession is also stated to be of year 1960 and..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by res judicata - Earlier suit for permanent injunction - Present suit for declaration to the effect that plaintiff is exclusive owner in possession - In the earlier suit no finding recorded regarding ownership as it was not an issue in that suit - It is a mixed question of law and fact - Plaint..........
Court Fees Act, 1870, Section 7 -- Suit for permanent injunction and restoration of possession - Deficient Court fee - Suit dismissed by trial Court on the ground that relief of recovery of possession has not been valued properly and no Court fees has been paid for the same - However, Court ought to have granted time to plaintiff to correct valuation - Findings of Courts..........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Restraining defendants from interfering in peaceful possession of suit property - Plaintiff has admitted possession of defendant - He stated that he was in possession as a lessee - However, apart from lease deed, there is no evidence to prove that plaintiff is running his factory/industry from property in..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for possession, permanent injunction and recovery of damages - Concurrent findings of fact that defendant was unable to prove that he was occupying suit property as a tenant - Plaintiff on the other hand was able to prove that defendant was occupying suit premises as a licensee - No interference warranted in..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for declaration and permanent injunction - Petitioners sought their impleadment in suit as plaintiffs at the fag end of trial - They may have an independent right of being occupants or tenants but they have to plead and lead cogent evidence to prove the same - Petitioners cannot derive any..........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Restraining defendant from raising any construction or changing nature of property - Defendant already got permission to change the use of land from competent authority and started construction thereof, as he purchased specific portion of property through a registered sale deed - Once permission for changing..........
