Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for declaration of title and permanent injunction - Courts below found that plaintiffs failed to prove that suit land was given by original owner to their grandfather - Defendants on the other hand produced revenue documents in which defendant no.2 recorded as owner of suit property - Since plaintiffs were not..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for possession and permanent injunction - Defendants failed to prove that disputed rooms/shops were constructed by their father with the consent of plaintiff - No right was given to father of defendants to construct rooms over properties owned by plaintiffs - Therefore, in view of S.8 of T.P.Act, disputed..........
Hindu Succession Act, 1956, Section 14(1) -- Property of Hindu widow - Hindu widow was found to be in exclusive settled legal possession of HUF property prior to and after the commencement of the Act as such the only conclusion which can be drawn is that she acquired property in lieu of her pre-existing right to maintenance from estate of HUF of her husband - She had held..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for permanent injunction - Applicant claims his possession over property as its owner on basis of sale deed executed in his favour by defendant no.1 - Adjudication of dispute/controversy between plaintiffs and defendants qua right, title or interest in this property would directly affect rights..........
Specific Relief Act, 1963, Section 38, 34 -- Suit for permanent injunction - Defendant claimed himself to be owner and in possession of suit property - It was incumbent upon plaintiff to amend plaint and convert suit into a suit for declaration and injunction, which was not done - For want of declaratory relief, suit for bare injunction is not maintainable...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendant from disturbing and alienating suit property - Prima facie plaintiff is not sole owner of suit property and his possession of suit property is not prima facie established - Plaintiff is not entitled to relief of temporary injunction - Order allowing application for temporary..........
Specific Relief Act, 1963, Section 37, 38 -- Injunction - May be granted even against true owner of property, only when person seeking relief is in lawful possession and enjoyment of property and also legally entitled to be in possession, not to disposes him, except in due process of law...........
Adverse possession -- Alternative pleas of ownership and adverse possession - Where in a suit defendant claimed himself to be owner over disputed property on the ground of family settlement, alternative plea by defendant that he had perfected his title by adverse possession, cannot be allowed...........
Co-owner -- Rights and liabilities - (i) A co-owner has right and interest in the whole property and also in every parcel and infinitesimal portion of the co-ownership property; (ii) No doubt possession of the joint property by one co-owner is in the eye of law, possession of all even if all but one are actually out of possession; (iii) One co-owner's mere occupation of a..........
Easements Act, 1882, Section 15 -- Easement - Doctrine of `lost grant' - Lost grant is a presumption from long possession and exercise of right by user of an easement with the acquiescence of owner, that there must have been originally a grant to claimant, which had been lost - However, there should be specific pleading with regard to immemorial user leading to inference..........
