Specific Relief Act, 1963, Section 39 -- Mandatory injunction - Encroachment - Conduct of plaintiff not fair and he resorted to falsehood - Discretionary relief of mandatory injunction rightly declined even when demarcation report proved encroachment by defendant...........
Civil Procedure Code, 1908, Section 151, Order 26, Rule 9 -- Local Commissioner - Re-appointment - To discredit the demarcation report, fresh appointment of a Local Commissioner is not required as permitting repeated re-appointments would lead to a never-ending process with each party seeking afresh demarcation whenever an adverse report is received...........
Civil Procedure Code, 1908, Section 151, Order 26, Rule 9 -- Local Commissioner - Re-appointment - Issue as to whether Local Commissioner's report is in accordance with law and can be relied upon or not - Proper course available to petitioner is to file objections to report of Local Commissioner rather than seek re-appointment of revenue authorities for conducting a fresh..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for permanent injunction - Both the parties had placed reliance on demarcation reports obtained by them - Demarcation report as produced by plaintiff not found convincing - As regarding demarcation report submitted by defendant clearly spells out mode and manner in which measurements were carried out by..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration and possession - Auction sale - Purchaser at auction obtains such rights as are vested in vendor at the time of sale - Where, at the time of sale a portion of land is in public use or is under physical control of State agencies, auction cannot confer upon a purchaser better rights than those enjoyed by vendor -..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - Dispute between parties is not merely with regard to possession, but pertains to identification and demarcation of their respective shares - Both sides are asserting possession over different portions of same khasra number and controversy essentially revolves around exact demarcation of..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for permanent prohibitory injunction - Concurrent findings of Courts below that plaintiff failed to prove encroachment or interference by defendants - Demarcation report and expert witnesses confirmed that both the parties were in possession of their respective Khasra numbers disproving plaintiff's case of..........
Specific Relief Act, 1963, Section 39 -- Mandatory injunction - Encroachment - Plaintiff neither pleaded nor proved the date, month or year of construction - She also failed to produce any site plan depicting the alleged encroachment or any demarcation report to substantiate her claim that defendant has raised construction over her land - Moreover, plaintiff did not step..........
Criminal Procedure Code, 1973, Section 133 -- Proceedings u/s 133 Cr.P.C. - Tehsildar specifically mentioned in his report that drain was constructed for discharging water of house of complainant and one `K' - Respondent constructed the house which caused blockage of drain - Complainant admitted that he had not specified khasra number of drain - No demarcation was obtained..........
Civil Procedure Code, 1908, Order 21, Rule 35 -- Execution - Decree for possession - Demarcation of property - Property was easily identifiable - There was no dispute regarding identity of property - Dismissal of application calls for no interference...........
