Hindu Succession Act, 1956, Section 8 -- Property of Hindu male dying intestate - Deceased had died after coming into force of the Act - Legal heirs of deceased were co-sharers thus, had equal share in disputed land - One of co-sharers `K' had no power to execute Will of entire land except of his share and on account of Will, mutation entered in the name of `K' was void ab..........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Restraining defendants from recovering royalty from plaintiffs - Brick earth was declared as a minor mineral by a notification u/s 3(e) of Mines and Minerals Act - State Government thus, gets the right to levy royalty on the production and disposal of minor minerals - Once it is shown that under the Mineral..........
Specific Relief Act, 1963, Section 38 -- Injunction - Co-sharers - No suit for injunction would be maintainable against co-sharers and the only remedy would be to seek partition...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for declaration and permanent injunction - Concurrent findings on record that plaintiff failed to prove that he is owner of suit property - Even qua construction of shop there was no cogent evidence led by plaintiff - Even, plaintiff stated in his cross-examination that he had no information as to whether any..........
Civil Procedure Code, 1908, Order 1, Rule 9 -- Non-joinder of necessary parties - Suit for declaration and permanent injunction - Suit has been filed for benefit of all co-sharers, including two daughters of plaintiff as pleaded in plaint, plea of non-joinder of necessary parties, namely two daughters is not sustainable...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for permanent injunction - Concurrent findings of fact on record that plaintiff had encroached upon some portion of Government land - Demarcation report is on record which shows that plaintiff had encroached upon government land - No evidence to disprove the said demarcation report was led by plaintiff nor any..........
Agreement to sell -- Suit for specific performance on basis of unregistered agreement to sell - Order passed as to status quo in respect of title and possession till disposal of suit - Suit for specific performance of an unregistered agreement of sale is maintainable - No error committed by trial Court while granting injunction in favour of plaintiff...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for declaration and injunction - Defendant Nos.1 to 8 had appeared before Trial Court, however were not diligent in prosecuting the case by not only in filing the written statement but also producing the relevant documents to substantiate their right over the property in question - Both the Courts below have..........
Specific Relief Act, 1963, Section 39, Limitation Act, 1963, Article 65 -- Suit for possession by way of mandatory injunction - Suit must be filed within 12 years from the date of dispossession - In the absence of any specific date and time of dispossession and when plaintiff himself acknowledged in his cross-examination that defendants are in possession of suit property..........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Demarcation report was prepared without any application from either of parties and said report was not prepared in the presence of parties - Plea of plaintiff that defendant has encroached and illegally constructed over portion shown in the site plan was not established, as no evidence in this regard was..........
