Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Encroachment - An advocate commissioner can be appointed for local investigation as mere oral evidence would not aid either party to decide the issue of encroachment - Object of local investigation is to collect evidence at the instance of the party who relies on the same and which evidence cannot be..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Encroachment - Determination of fact - Report from Revenue Officer is always relevant, when demarcation of property is required...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for injunction - Sought to be converted into a suit for declaration of title and recovery of possession - Amendment sought in view of denial of title and due to alleged encroachment by defendants in violation of temporary injunction - By allowing amendment nature of suit will not be altered and even..........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Encroachment and construction during pendency of suit - Plaintiff is not under an obligation to seek further relief of demolition and removal of encroachment - Court has to look into situation as it was on the date of institution of suit and for subsequent events specific relief is not required to be added in..........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Encroachment and construction during pendency of suit - Compensation - Once plaintiff proves his case regarding ownership and entitlement for restoration of his possession against wishes of plaintiff, it would be wholly unjust and inequitable to deny him appropriate adequate relief of restoration/of possession..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Validity - Evident from mutation record that Punjab wakf board is owner of suit property - Respondents are in peaceful possession over a property since long time - Held, Chief Executive Officer has no right to remove the encroachment from the wakf Property - Grant of temporary injunction to..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 7 -- Encroachment of land - Building of house - Respondent built a house on encroached land of Gram Panchayat - Respondent constructed the house more than a decade back and by demolition of house and by restoring pathway, is not going to enure to benefit of anybody - Therefore, in interest of justice, dispute..........
Andhra Pradesh Land Encroachment Act, 1905, Section 10 -- Eviction - Encroachers - Use of police force - Eviction of encroachers by use of police force for the benefit of society/first respondent, whose right to possession of the property is not clearly established yet, is wholly inconsistent with the rule of law...........
Andhra Pradesh Land Encroachment Act, 1905, Section 10 -- Determination land - Eviction - Until the procedure u/s 10 of the Act is followed, land of any landholder neither vest in the Government or possession can be taken by the State...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Boundary dispute - It is always desirable to get the disputed property measured by competent surveyor to find out encroachment and its extent as oral evidence cannot prove such contentious issue conclusively...........
