Evidence Act, 1872, Section 101 -- Burden of proof - Suit for possession and permanent injunction - Burden lies upon plaintiffs to establish their title or prior possession, alleged act of encroachment with clarity and certainty...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for possession and permanent injunction - Courts below after proper appreciation of oral and documentary evidence have concurrently held that plaintiffs have failed to establish location and encroachment over their land - Demarcation reports relied upon by plaintiffs merely refers to certain parts of Survey..........
Limitation Act, 1963, Article 65 -- Limitation - Suit for possession and permanent injunction - Suit filed after an unexplained delay of nearly 37 years from the date of alleged dispossession or encroachment - Cause of action as pleaded having arisen in 2008 on the basis of demarcation - Mere demarcation cannot give rise to a fresh cause of action so as to override the..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for declaration, recovery of possession, mesne profits and permanent injunction - Defendants had duly admitted title of plaintiff over suit land - Though defendant claimed that there was a gratification of land in his favour, but there is no evidence adduced in support thereof - Documents of title of plaintiff..........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration and permanent injunction - Joint Family coparcenary property - Plaintiff failed to prove that suit land was joint Hindu family coparcenary property - Scanty revenue record was produced by plaintiff which by itself does not establish version of plaintiff - Execution of Will in favour of defendants stands..........
Civil Procedure Code, 1908, Section 9 -- Jurisdiction of civil Court - Suit for declaration and permanent injunction - Agricultural land - Claimant seeking a declaration of khatedari right is barred from filing a civil suit prior to their khatedari right being declared by a revenue Court when relief sought from civil Court includes determination of khatedari right...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by law - Suit for declaration and permanent injunction - Agricultural land - Land in question is in Khatedari (tenancy) of defendant - Plaintiffs who are sons and daughter of defendant have filed civil suit during life time of their father - Mutation entries are not in the name of plaintiffs - So..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by law - Suit for declaration and permanent injunction - Agricultural land - Land in question is in Khatedari (tenancy) of defendant - Plaintiffs are not a recorded tenant and now during pendency of civil suit they have filed revenue suit to declare their khatedari right - Right of plaintiff..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Court can grant temporary injunction even without issuing notice to respondents...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Issuance of urgent notice to defendant - When there is urgency in the matter the attitude of Courts in posting the matter to a longer date, defeat the purpose of O.39.R.1 CPC...........
