Indian Penal Code, 1860, Section 441 -- Offence u/s 441 IPC (As in UP) - Offence of criminal trespass is said to be committed only when the alleged trespasser despite receiving written notice of eviction from owner of the property, did not withdraw from property - In the instant case, informant admitted in his statement recorded u/s 161 Cr.P.C. that he had not given any..........
Specific Relief Act, 1963, Section 37, 38 -- Injunction - Plaintiffs specifically asserted in plaint that a notice was served upon them to vacate the possession - It shows that plaintiffs were not being dispossessed forcibly - Therefore injunction could not have been granted to the plaintiffs on the plea that a trespasser cannot be ejected from the land in his/her..........
Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, Section 24(2) -- Acquisition of land - Vesting of land with State is with possession - Any person retaining the possession thereafter has to be treated as trespasser...........
Civil Procedure Code, 1908, Order 7, Rule 10 -- Return of plaint - Suit for possession based on title - Possession of defendant that of trespasser - Civil Court has jurisdiction to entertain the suit - Return of plaint rightly refused...........
Specific Relief Act, 1963, Section 37, 38 -- Suit for permanent injunction - Without seeking relief of possession - Where nature of possession of defendant is that of trespasser or unlawful, plaintiff is not supposed to pray for relief of possession and suit for injunction is sufficient...........
Specific Relief Act, 1963, Section 37, 38 -- Injunction - Against true owner - An injunction cannot be issued against a true owner or title holder and in favour of a trespasser or a person in unlawful possession...........
Specific Relief Act, 1963, Section 37, 38 -- Injunction - Trespasser in established possession can obtain injunction...........
Unauthorised occupant -- Once Court find an occupant a trespasser, or a person in unauthorized occupation, against the claim of the lawful owner, such unauthorized occupant does not have any further right to possession over disputed premises - Said unauthorized occupant has to vacate the premises voluntarily, after adjudication is entered by court - Upon failure to do so,..........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Public property - Possession of public property by any individual or group of individuals is no possession in the eyes of law and such group of persons cannot claim any right over such public property - Entry of plaintiff in suit property is by way of illegal means - Plaintiff would be treated to be a rank..........
Trespasser -- Trespasser's long possession is not synonym with adverse possession - Trespasser's possession is construed to be on behalf of the owner - Casual user does not constitute adverse possession - Owner can take possession from a trespasser at any point of time...........
