Civil Procedure Code, 1908, Order 21, Rule 35 -- Execution - Decree for specific performance - Delivery of possession - Decree attained finality and sale deed of subject land already executed in favour of DH - Once title has been conveyed denial of possession would render decree itself ineffective and frustrate the very purpose of granting specific performance...........
Civil Procedure Code, 1908, Section 47 -- Execution - Objections - Decree for specific performance - Plea of joint and un-partitioned land - Transferee of a co-sharer's interest is entitled to joint possession and other rights available to transferor - Executing Court by directing delivery of possession, cannot be said to have granted exclusive possession of a demarcated..........
Agreement to sell -- Specific performance - Sale deeds executed by defendants in favour of third parties during pendency of litigation are certainly hit by doctrine of lis pendens and are non est - Plaintiffs have got sale deed of suit land executed in their favour by following due process of law on the basis of decree of specific performance granted in their favour by..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Agricultural land - Maintainability of suit before civil Court - Primarily relief prayed for in suit is cancellation of sale deed and declaration is a secondary relief - Plaintiffs have come up with a plea that they are recorded khatedars of land in question - They definitely did not require any..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of trustees - Land in question has been recorded in the name of Trust since 1969 and names of trustees have been continuously reflected in revenue records - Thus, existence of trust and its trustees was a matter of public record - Despite this, plaintiff instituted suit in 2019 without impleading trustees -..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Order granting temporary injunction to plaintiffs in respect of an area beyond the land allotted to plaintiff is a perverse order - Appellant Court rightly set aside order of trial Court granting temporary injunction...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - When plaintiffs themselves asserted title on basis of long and continuous possession through their predecessors, subsequent attempt to introduce General Land Register (GLR) in the form of additional evidence at appellate stage assumes little legal significance - Once the trial had..........
Revenue entries -- Mere recording of land in suit as private land in General Land Register (GLR) does not in any manner benefit the party's claim of ownership...........
Civil Procedure Code, 1908, Section 24 -- Transfer of case - Appearance of presiding officer in a public gathering of handing over of land by revenue officials which figures respondent no.3 cannot be a ground for transfer - Application dismissed...........
Public road -- Construction of religious structure - Removal of encroachment - A road or a street does not have any religious character - Irrespective of nature of superstructure, whether it is religious or irreligious, in case it is an encroachment on a street or a public place or on a land vested to or belonging to a local body, Commissioner is statutorily required to..........
