Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Plaintiffs have not impleaded Improvement Trust as a party which would be concerned authority to put forward correct picture, since notices were issued by said authority - Improvement Trust would be best person to apprise Court as to what was exact status of disputed land - Even, basis of claim of..........
Mutation -- Proceedings are summary in nature - No right or title is created - Revenue entries are only for collection of revenue from the person whose name is entered in the records Title can only be seen in a regular suit filed for declaration and not in a writ petition which arises out of summary proceedings...........
Civil Procedure Code, 1908, Section 151, Order 1, Rule 10 -- Impleadment of intervener - Title suit - Earlier applications of intervener not adjudicated on merits, rather those were dismissed as not pressed or dismissed for default, but the issue was never decided - Present application is not hit by principle of res judicata - Since, plaintiffs have sought a relief against..........
Specific Relief Act, 1963, Section 37, 38 -- Injunction suit - Issue regarding title - If matter involves complicated questions of fact and law relating to title, Court will relegate the parties to the remedy by way of comprehensive suit for declaration of title, instead of deciding the issue in a suit for mere injunction...........
Specific Relief Act, 1963, Section 37, 38 -- Injunction suit - Issue regarding title - Court may decide issue regarding title even in a suit for injunction, if there are necessary pleadings regarding title and appropriate issues relating to title on which parties lead evidence, if matter involved is simple and straightforward - However, such cases are exception to the..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for permanent injunction - Plaintiff admitted that Government is owner of roof of shop in dispute and he has no right to make alteration/changes thereon - He neither produced allotment letter of suit shop in favour of his predecessor-in-title nor produced his registered sale deed - Since, plaintiff failed to..........
Consumer Protection Act, 1986, Section 2(1)(g), 2(o) -- Consumer complaint - Deficiency in service - Consumer fora under the Act would not have jurisdiction to entertain consumer complaints on the ground of deficiency in service related to transfer of title of immovable property...........
Consumer Protection Act, 1986, Section 2(1)(g), 2(o) -- Consumer complaint - Deficiency in service does not include transfer of title in favour of allottee who was earlier granted leasehold rights...........
Consumer Protection Act, 1986, Section 2(1)(g), 2(o) -- Consumer complaint - Deficiency in service - Conversion of leasehold property into freehold property - Appellant is not providing any services within meaning of S.2(o) of the Act - Expression service includes housing construction and not allotment of a site or a plot - Deficiency in service does not include transfer..........
Mutation -- If dispute is with respect to title and more particularly when mutation is sought on the basis of Will, such party has to get his rights crystalised by Civil Court and only thereafter on the basis of decision of Civil Court, necessary mutation entry can be made...........