Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Defendants are in possession of property - Plaintiff miserably failed to make out a prima facie case in his favour and further to prove that he is in possession of the suit property in any manner, actual or constructive - Defendants would be at greater hardship if any injunction is not issued in..........
Specific Relief Act, 1963, Section 38 -- Suit for permanent injunction - Except the oral testimony, plaintiff has failed to prove any document to prove her possession on suit property - On the other hand in jamabandis defendant has been shown as owner in possession - Dismissal of suit calls for no interference...........
Civil Procedure Code, 1908, Order 40, Rule 1 -- Appointment of receiver - To take possession of suit property and manage the same - Trial Court dismissed the application by holding that plaintiff neither choose to adduce any oral evidence nor marked any supportive document - It was argued that respondents were involved in acts of waste and mismanagement and that trial..........
Co-sharers -- A co-sharer in exclusive possession of property to the exclusion of other co-sharers, has got a right to protect the possession till the land is partitioned - A person who purchases a part of property from a co-sharer, who is not in possession, cannot interfere in the exclusive possession of other co-sharer...........
Consumer Protection Act, 1986, Section 23 -- Allotment of commercial space - Cancellation of - Possession of premises was agreed to be delivered within 24 months from the date of agreement which undisputedly had not taken place - Receipt of amount of Rs.51,10,117 not disputed by respondents - Respondents not pleaded that commercial space allotted to appellants is ready for..........
Adverse possession -- Mere wrong possession of defendant for a period more than 12 years without intention to possess the suit land adversely to the title of plaintiff and too little knowledge cannot result an acquisition of title by defendant to encroached suit land...........
Limitation Act, 1963, Article 65 -- Limitation - Suit for recovery of possession - Defendant contended that suit for possession of property should be filed within 12 years - However, there is no plea of adverse possession at all raised by defendant - It is incumbent on the part of defendant to plead when possession started becoming adverse - On the contrary defendant..........
Civil Procedure Code, 1908, Order 21, Rule 97, 98, 99, 100, 101 -- Execution - D.H. loosing possession - Execution petition cannot be dismissed by treating decree to be inexecutable - Rather Executing Court has to issue warrant of possession for delivery of possession and if any resistance is offered by any stranger to the decree, same is to be adjudicated upon in..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Partition suit - Restraining defendants from interfering with possession of plaintiffs - Right of plaintiff over suit property are still to be established - Possession of plaintiff over suit property also not established - Trial Court rightly dismissed the application after recording prima facie..........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration of ownership and permanent injunction - Plea of non est factum - Plaintiffs claimed to be absolute owners thereby denying not only correctness of Power of Attorney in favour of defendant but also subsequent execution of sale deeds by Attorney - Defendant transferred the property in favour of his father and..........
