Revenue record -- Khasra girdawari entries though not conclusive proof of title, carry significant evidentiary value regarding possession, particularly when they exhibit continuity over a long period - Sudden change in such entries unsupported by cogent material or lawful process, cannot by itself be treated as proof of actual change of possession...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for permanent and mandatory injunction - Amendment sought to correct khasra number mentioned in plaint - Application filed immediately after filing of suit and trial Court even allowed the same before written statement of defendants was on record - Application rightly allowed...........
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, Order 7, Rule 11 -- Rejection of plaint - Cause of action - Simply because khasra numbers of demised premises were not mentioned in the petition, it could not be held that on this count alone, eviction petition was not disclosing any cause of action...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendants from interfering in plaintiff's ownership and possession - Plea of plaintiff that partition had taken place in the year 1970 and suit land had fallen to their share not supported by any document - However, defendants have placed on record Khasra Girdawari issued in the year..........
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..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Typographical error - Wrong khasra number was mentioned in plaint - Amendment sought is necessary to fully and properly adjudicate the case - Issues had not been framed and suit was at pre trial stage - Application rightly allowed...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Typographical mistake - Amendment sought only to correct typographical mistake in mentioning of khasra number - Said amendment is necessarily required to be allowed - Application allowed...........
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, Section 100 -- Second appeal - Suit for joint possession and permanent injunction - Plaintiffs have not been able to prove that suit properties were ancestral property - No documentary evidence has been pointed out to show that suit properties were coming through four male lineal descendants - Plaintiff has not been able to show how khasra..........
