Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Plaintiff is seeking injunction against true owner, as neither possession of plaintiff recorded in revenue records nor he claimed any title in suit land - He has not even made any attempt to identify the extent or boundaries of land which he claims to be in his possession - Merely on the basis of..........
Indian Penal Code, 1860, Section 153A -- Offence u/s 153-A IPC - Quashing of FIR - Offending news article was aimed at frustrating the proposed foundation stone laying ceremony on the land, of which complainant claims to be the true owner - There is no reference to any group or groups of people in the said offending news article - Publication focuses totally on the..........
Adverse possession -- Proof - (i) plaintiff must plead and prove that he was claiming possession adverse to the true owner; (b) plaintiff must plead and establish that the factum of his long and continuous possession was known to the true owner; (c) plaintiff must also plead and establish when he came into possession; and (d) plaintiff must establish that his possession..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Plaintiffs have been in permissive possession of at least one shop since 2012 and were also found in possession by Local Commissioner - Simply because plaintiffs have filed suit on the basis of an oral agreement of sale, prima facie assessment of merit of such claim of plaintiffs could not have..........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - A person in long, peaceful and settled possession cannot be dispossessed even by the true owner without recourse to due process of law...........
Transfer of Property Act, 1882, Section 51 -- Scope - Applicability of the provision - In order to attract the provision occupant of land must have held possession under colour of title, his possession must not have been by mere possession of another but adverse to the title of the true owner and he must be under the bone fide belief that he has secured good title to the..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - It is settled position of law that injunction cannot be granted against true owner of property - However, it is equally well settled in jurisprudence governed by rule of law that even an unauthorized occupant can be ejected from a property only in the manner provided by law...........
Suit for possession -- Possession after partition whether tenant in common or gratuitous licensee - Possession of defendant after partition deed is executed is that of tenant in common, as earlier to partition deed, plaintiff and defendant being sons of deceased were members of Hindu Joint Family - After the death of defendant, property will not pass on to other co-sharer..........
Specific Relief Act, 1963, Section 37, 38 -- Injunction - Against true owner - An injunction cannot be issued against a true owner or title holder and in favour of a trespasser or a person in unlawful possession...........
Specific Relief Act, 1963, Section 37, 38 -- Permanent injunction - Once dispute with respect to title is settled and it is held against plaintiff, in that case suit for permanent injunction shall not be maintainable against true owner...........
