Suit for possession -- Maintainable against the whole world except the rightful owner - Suit for possession is not maintainable against the true owner...........
Trespasser -- Even a trespasser in settled possession cannot be dispossessed without recourse of law...........
Possession -- There is a presumption, that possession of a person, other than the owner, if at all is to be called possession, is permissive on behalf of the title-holder...........
Civil Procedure Code, 1908, Section 30 -- CPC would help in ascertaining the truth - In civil cases adherence to ,S. 30 - Provision of S.30 of the Code should be frequently used...........
Civil Procedure Code, 1908, Order 6, Rule 1,2 -- Pleadings - Foundation of litigation - In pleadings only the necessary and relevant material must be included and unnecessary and irrelevant material must be excluded...........
Civil Procedure Code, 1908, Order 6, Rule 1,2 -- Pleadings - Suit for possession - Details to be included - These are only Illustrative and not exhaustive : (a) who is or are the owner or owners of the property; (b) title of the property; (c) who is in possession of the title documents; (d) identity of the claimant or claimants to possession; (e) the date of entry into..........
Civil Procedure Code, 1908, Order 6, Rule 1,2 -- Pleadings - Must contain sufficient particulars - Insistence on details reduces the ability to put forward a non existent or false claim or defence...........
Civil Procedure Code, 1908, Order 6, Rule 1,2 -- Pleadings - Possession in question - Whenever pleadings and documents establish title to a particular property and possession is in question, it will be for the person in possession to give sufficiently detailed pleadings, particulars and documents to support his claim in order to continue in possession...........
Civil Procedure Code, 1908, Order 39, Rule 1,2 -- Injunction - Safeguards - (i) Safe and better course is to give a short notice on injunction application and pass an appropriate order after hearing both the sides; (ii) in case of grave urgency, if it becomes imperative to grant an ex parte ad interim injunction, it should be granted for a specified period and (a) Court..........
Due process of law/due course of law/recourse of law -- Stands satisfied the moment the rights of the parties are adjudicated upon by a Court of competent jurisdiction - It does not matter who brought the action to Court - However, on plaintiff's failure to make out a case for an injunction does not mean that its consequent cessation of user of the preemies would be..........
