Kerala Forest (Vesting and Management of Ecologically Fragile Lands) Act, 2003, Section 3 -- Ecologically Fragile Land - Compensation - Notification already issued notifying subject land as Ecologically Fragile Land - Respondents neither challenging validity of vires of 2003 Act, nor they are challenging said notification - Suit land is thus, ecologically fragile land and..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for declaration of title and permanent injunction - Concurrent findings recorded to the effect that plaintiffs are absolute owners and possessors of suit scheduled property and they are in possession of same - There is no perversity in judgments of both the Courts below - No interference warranted in said..........
Transfer of Property Act, 1882, Section 41 -- Bona fide purchaser - Co-owners - Father of plaintiffs sold the suit plot to appellant - No evidence on record that father of plaintiffs had consent, whether express or implied from several co-owners to act as ostensible owner of suit property - Ingredients of S.41 of the Act not satisfied - Onus which was upon appellant has..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Parties to lis are joint owners of suit land - Plaintiff became co-owner of suit land by way of sale deed in his favour - But plaintiff has not been able to prove that at the time of execution of sale deed, he was given exclusive possession of suit property - Plaintiff thus failed to show prima facie..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Co-owner - Restraining other co-owner from raising construction - Injunction against other co-owner can only be granted when any act of the person in possession of the property amounts to ouster prejudicial or adverse to the interest of the co-owner out of possession - Mere making of construction or..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of local Commissioner - Demarcation of land - Where parties being owners of adjoining land and plaintiff alleging encroachment in suit property, application for demarcation of land, would certainly facilitate an effective and complete adjudication of matter - Demarcation of land in question by implying latest..........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Agricultural land - Suit seeking injunction in respect of an agricultural land instituted without plaintiffs being recorded in revenue records - Plaintiffs having utterly failed to prove by pleading or by adducing evidence that they are owners in possession of suit property - Suit rightly dismissed...........
Specific Relief Act, 1963, Section 38, Evidence Act, 1872, Section 102 -- Permanent injunction - Burden of proof - Agricultural land - Plaintiff filed suit on basis of ownership and title in suit property - However, plaintiffs upon whom burden of proof lies in view of S.101 of Evidence Act failed to produce any document pertaining to title in suit property - Entire..........
Co-owner -- Injunction - If the acts of the co-owner in possession are detrimental to the interest of other co-owners, a co-owner out of possession can seek an injunction to prevent such act which is detrimental to his interest...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendants from raising any construction or changing nature of suit land - On perusal of Jamabandi as well as copies of sale deeds placed on record, Defendant nos. 3 and 4 are in possession of suit land - Plaintiffs are not recorded as owners of suit land - They cannot be said to have any..........
