Specific Relief Act, 1963, Section 38 -- Permanent injunction - Nature of suit property was proved to be abadi deh lying within lal lakeer - Possession of land within abadi deh/lal lakeer follows ownership - Even though possession of plaintiff over suit land may be unauthorized but that does not give any legal right to defendant to dispossess plaintiff or interfere in his..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for declaration and permanent injunction - Disputed abadi was sold by means of sale deed - DW6 admitted that there is a dilapidated structure on abadi which corroborates the recital in sale deed that Malwa existed over sold land - Site plan also corroborates description of Abadi given in sale deed - Courts..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for permanent prohibitory injunction - Suit property is appurtenant to residential abadi land of plaintiff and is used as their sehan - Plaintiff has not claimed a right based on easement but have merely said that if injunction is not granted, their easement would be violated - Possession of plaintiff over..........
Specific Relief Act, 1963, Section 38, 39 -- Permanent and mandatory injunction - Restraining defendants from interfering in peaceful possession of suit property - Plaintiffs have not filed any document on record to establish that property described at the foot of plaint is disputed abadi land - Burden is upon plaintiff to prove said fact, however, he failed to do so -..........
Specific Relief Act, 1963, Section 38, 39 -- Co-shares - Suit for permanent and mandatory injunction - Restraining defendant/co-sharer from raising construction on suit land and also from blocking path - Joint land - Suit land is recorded as Abadi deh and jointly owned and possessed inter se parties - Evidence on record proved that defendant is trying to raise construction..........
Specific Relief Act, 1963, Section 37, 38 -- Injunction suit - Possession of property - Suit property is an abadi land - Revenue record filed by plaintiff and judgment and decree of earlier suit shows that there was declaration by competent Court regarding possession of father of plaintiff over suit property - Simply because defendants were not party in said suit, findings..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 7, 4(a) -- Shamlat deh - Land situated within abadi deh or gorah deh of village and is not proved to be under ownership of any private individual would fall in ambit of Shamlat Deh and shall vest in Gram Panchayat who is true owner and no injunction can be granted against true owner - Even if, some proceeding were..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 2(g)(4), 13, Specific Relief Act, 1963, Section 38 -- Suit for permanent injunction restraining defendants from taking forcible possession of vacant site jointly owned as Khewatdars and co-sharers of Shamilat Abadi - Finding that plaintiffs not in possession of site in dispute - Suit for injunction liable to be..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 13A, 13B, 13 - - Suit filed in Civil Court in 1969 for permanent injunction restraining Gram Panchayat from interfering with plaintiff's possession on land in dispute- Civil Court held plaintiff to be in possession of disputed site in capacity of a co-sharer and not a trespasser, Gram Panchayat failed to prove..........
