Punjab Co-operative Societies Act, 1961, Section 55, 82, Rajasthan Co-operative Societies Act, 1965, Section 75, 137 -- Bar of jurisdiction of Civil Court to try suit - Plaintiff purchased plot allotted to his vendor by Co-operative Society - Suit filed for declaration of title, restoration of possession and injunction against encroacher-defendant - Neither plaintiff nor..........
Specific Relief Act, 1963, Section 34 -- Further relief, failure to claim - Suit for declaration of title, recovery of possession and injunction - Defendant alleged to be a rank trespasser who was in the process of committing a trespass and was allegedly raising unauthorised construction over the property neither owned nor legally possessed by him - Relief of specific..........
Haryana Public Premises and Land (Eviction and Rent Recovery) Act, 1972, Section 5 -- Eviction of unauthorised occupant of Government land - Land recorded under ownership and possession of Provincial Government from 1924 - 25 to 1994 - 95 - In Column No. 5 of various Jamabandis no entry of any of the petitioners as cultivators nor land in question ever taken on lease from..........
Limitation Act, 1963, Article 65 -- Suit for possession whether barred by time inasmuch as mutation sanctioned in 1954 and suit filed in 1971 - Previous suit for declaration and injunction decreed on 15.3.1961 declaring plaintiffs to be owners in possession of suit land - Suit for possession filed in 1971 cannot be said to be barred by time...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Constitution of India, 1950, Article 226 -- Restraining petitioners from transferring suit land or any part thereof to any third person - Father during his life time disposed of 1/3rd share in property and petitioner in possession out of this 1/3rd share which was acquired for valuable consideration - Merely because there..........
Specific Relief Act, 1963, Section 37, 38 -- Suit for permanent injunction filed U.O.1.R.8 restraining defendants and other persons being co-sharers of Shamlat Patti Udha from dispossessing from the land - Plaintiff being in possession - Injunction rightly granted...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction against forcible dispossession - Plaintiff admittedly in possession of plot in question - Possession of plaintiff over the plot in question entered in the records (field book) - Even Gram Panchayat issued notice to father of plaintiff for removal of construction over the said plot - Gram Panchayat not..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Suit for injunction - Dispossession during pendency of suit - Amendment of plaint sought seeking relief of possession - Amendment allowed...........
Specific Relief Act, 1963, Section 38 -- Suit for permanent injunction against defendants restraining them from interfering or forcibly dispossessing plaintiffs alleging that their predecessor - in - interest was in cultivating possession of suit land and paying rent to landowners - Earlier revenue entries in favour of predecessor - in - interest of plaintiffs - Later..........
Specific Relief Act, 1963, Section 34 -- Cancellation of lease and licence - Suit for declaration that cancellation is arbitrary, illegal and contrary to terms and conditions of lease and suit for permanent injunction restraining defendant from enforcing that order - During pendency of suit defendant granted fresh lease to third party for 20 years from date of lease or..........
