Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - In order to determine whether there has been encroachment, it is always desirable to get fields/plots/areas measured by an expert in order to find out exact area encroached upon - Oral evidence cannot conclusively prove such an issue...........
Specific Relief Act, 1963, Section 38, 39 -- Permanent and mandatory injunction - Encroachment made by defendant by raising construction - Plaintiff successfully proved that defendant encroached upon suit land and thereafter raised construction over same, during pendency of trial - Demarcation report submitted by Local Commissioner proves on record encroachment made by..........
Specific Relief Act, 1963, Section 38 -- Injunction - Encroachment - Equitable relief of injunction is not available to an encroacher...........
Maharashtra Village Panchayats Act, 1958, Section 14(1)(j), 53(1), 53(2) -- Disqualification of family member of original encroacher under the Act - Word `person' under the Act does not disqualify original encroacher`s family member who continue to occupy such land/property - However, person who himself/herself encroached for first time is disqualified - Even member who is..........
Criminal Procedure Code, 1973, Section 145, 146 -- Proceedings u/ss 145, 146 Cr.P.C. - Encroachment of Municipal Board's Land - Executive Officer (Municipality) cannot have taken recourse of proceedings u/ss 145, 146 Cr.P.C. against a private individual - If at all the individual concerned were causing public nuisance, recourse was to be taken of proceedings u/s 133..........
Kerala Panchayat Building Rules, 2011, Rule 61(4) -- Panchayat failed in its duty to keep road free of encroachment - Person denied his right to use his land in the manner he likes - For default of another, right of person cannot be frustrated - Hence, Panchayat is directed to grant permit to appellant for carrying on business and it is duty of Panchayat to restore..........
Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Impleadment of widow of deceased defendant - Suit for demolition, permanent injunction and other consequential reliefs - Widow of deceased defendant is a necessary party, particularly when it was she who carried out the encroachment extension over suit property as alleged by plaintiff - Application for impleadment of widow..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of local Commissioner - Encroachment - Application for appointment of local commissioner at first instance filed by plaintiff immediately after framing of issues to prove encroachment - However, same was dismissed by Court on very flimsy ground - Subsequently application again filed by plaintiff which was also..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for possession - Encroachment by defendant - Lower Appellate Court after appreciating facts and evidence on record, not only relied upon tatima, but also considered report of Local Commissioner appointed came to conclusion that defendants encroached upon land of plaintiffs - Report of Local Commissioner which..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Encroachment - Demarcation of suit property - Demarcation report of adjoining land to suit property, as obtained by defendants - Cannot be considered to find out encroachment if any made by defendants over suit property...........
