Family settlement -- Layout plan - If all the owners identified their respective plots in a family settlement, any separate description of individual land was not required...........
Partition -- Proof - When family settlement had taken place and members of family were enjoying property accordingly and then there are acts of ownership, not objected by other co-owners or members, as the case may be, then those instances can be definitely taken as proof of partition...........
Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, Section 24(2), 101A -- (as applicable to State of Haryana) - Lapse of acquisition proceedings - Denotification of acquired land - State Government denotify acquired land if land becomes unviable or non-essential for purpose of development and in particular for reason..........
Civil Procedure Code, 1908, Order 41, Rule 5, Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Stay of injunction order - Ad interim injunction order passed against third party purchasers through joint owners - When acts of joint co-owner along with other defendants/purchasers and depriving rights of plaintiff as co-owner having joint possession of property, suit for..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Co-owners - Law as to grant of ad interim injunction : Joint ownership and absence of consent of co-owner(s) is definitely a relevant fact to be considered for granting stay in suit filed by a co-owner but it cannot be a straitjacket formula to grant stay in each and every case - Moreover,..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Co-owners - Restraining other co-owners from raising construction - Plaintiff already raised construction - Plaintiff is still entitled to temporary injunction on establishing substantial loss or injury being caused to him by construction raised by other co-owner(s)...........
Civil Procedure Code, 1908, Section 47 -- Execution - Decree for possession - After passing of decree J.D. purchased shares from other co-sharers - Share of J.D./joint owner not specified on a particular portion of land in question - Objection by J.D. that decree cannot be executed till land is partitioned between joint owners - Court instead of issuing warrant of actual..........
East Punjab Urban Rent Restriction Act, 1949, Section 13B -- Eviction petition - Leave to defend - It is apparent that apart from shop number, landlady had also identified property by giving description of properties situated in all four directions - Tenants themselves claim that they are in possession of shop which is a part of bigger building - Thus, there is no dispute..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Injunction from dispossession - Before plaintiff can be granted an injunction from being dispossessed he has to prima facie prove that he is in settled possession, particularly when he is seeking injunction against owners...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Co-owners - Physical possession of plaintiff appears to be in dispute - Court should not pass an order of temporary injunction as it would impinge upon possession of co-owners unless there is convincing and cogent materials shown by such litigant evincing the physical possession in the joint..........
