Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for injunction - Plea that plaintiff should have sought for relief of declaration of order dated 15.02.2023 as null and void and only then a relief of injunction could have been granted - Injunction is granted to a title holder having prima facie case and for grant of injunction, a relief for..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for declaration of title - Concurrent findings of Courts below that plaintiff has got title over suit property and defendants had encroached upon suit property of plaintiff by putting up a superstructure - Court below rightly directed defendant to hand over vacant possession of encroached portion - Suit..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by limitation - Purported cause of action is merely illusory and has been concocted solely to circumvent the provisions of O.7.R.11(d) CPC - Plaintiff admittedly, was aware as early as 2006 that defendants had explicitly denied his title in suit filed by them in 2006 - Defendants denied the..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment to advocate Commissioner - Suit for declaration of right and title over suit property and injunction - Burden of proof is always on plaintiff to establish his lawful title and possession over suit property - So the question of localization of suit property and noting down the physical features of property by..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for declaration of title and recovery of possession - Concurrent finding of fact on record that plaintiff has established his title over the suit property and defendant's possession on the suit property is merely permissible having no right, title and interest - This is finding of facts which is not required..........
Civil Procedure Code, 1908, Order 1, Rule 9 -- Non-joinder of necessary party - Suit for declaration of title and recovery of possession - Plaintiff is absolute owner of suit premises and has got title and defendant's possession thereof is merely permissive out of grace and sympathy and she has no right, title and interest - Plaintiff has brought the suit against defendant..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Suit for declaration of title and injunction - Defendant seeking appointment of Local Commissioner - No dispute with respect to identity of property - Burden of proof is on plaintiff in such a suit to prove with cogent evidence that he is owner of property - No necessity for defendant to take upon himself..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for declaration of title - Defendants admitted the ownership of plaintiff upon suit property - Plaintiff has not laid any claim over land which is owned and possessed by defendants - Suit rightly decreed in favour of plaintiff - Second appeal dismissed...........
Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Impleadment of subsequent purchasers - Suit for declaration of title and perpetual injunction - Registered sale deed was executed in favour of respondents in respect of suit property pending the suit - Unless evidence was led on aspect of sale transaction, no one could conclude whether said transaction is genuine or..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by limitation - Suit for declaration that sale deed is null and void - Plaintiffs nowhere in the plaint, specifically mentioned the date, even approximately when they came to know about registered sale deed mentioned in the suit - Contention that deceased used to look after legal affairs and..........
