Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration of title and permanent injunction - Plaintiff claims title over suit property by way of oral partition before 50 years ago - Patta was issued in the name of plaintiff on basis of said oral partition - However, no revenue document was produced to prove his possession for past 50 years - Plaintiff not entitled..........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration and injunction against one of branches of forefathers of plaintiff - Pedigree relied by plaintiffs was not correct - Plaintiffs failed to prove ownership over suit property - Specific issues were framed by trial Court which were answered against plaintiff and even appellate Court also independently arrived..........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Plaintiff filed suit possession regarding `A' schedule property and for permanent injunction regarding `B' schedule property - Defendant filed suit for injunction with regard to `A' schedule property - Both the suits tried together and dismissed - Aggrieved by same plaintiff alone preferred an appeal and same was..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for permanent injunction simpliciter - No ownership or possession is claimed - Applicant who sought his impleadment on the basis of ownership of land regarding which permanent injunction was sought by plaintiff, is neither necessary party nor a proper party - Application rightly dismissed...........
Civil Procedure Code, 1908, Order 7, Rule 3 -- Description of suit property - Suit for permanent injunction - Plaintiff purchased suit land by virtue of sale deed - However, boundaries as given in sale deed, do not tally with boundaries as mentioned in plaint - Plaintiff has not taken care to place on record a plan/sketch or apply for inspection and measurement by any..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by law - Earlier suit for declaration and permanent injunction filed by plaintiff dismissed - Subsequent suit filed for partition on different cause of action - After death of mother of plaintiff, Will came into force and plaintiff is challenging the same and regarding same relief of declaration..........
Rajasthan Tenancy Act, 1955, Section 88 -- Suit for declaration u/s 88 of Rajasthan Tenancy Act and alternatively for permanent injunction - Plaintiff was admittedly not in possession of suit property - Land in question was in the name of defendants and Parcha settlement was also issued in their names - Even there was no evidence that plaintiff was in possession of suit..........
Transfer of Property Act, 1882, Section 53A -- Part performance - Defendant claiming her right on property on basis of oral sale acknowledged through written documents and receipts signed by father of plaintiff in her favour and thereafter putting her in possession of suit property - Claim of defendant is also substantiated from revenue entries wherein her name is recorded..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Order rejecting injunction application - Writ petition - Petition filed after delay of about 2 years and 9 months - No indulgence therefore can be granted at such a belated stage - That apart, document which was heavily relied neither placed before trial Court nor same considered by Courts below..........
Specific Relief Act, 1963, Section 38 -- Suit for permanent injunction - Restraining defendant/Gram Panchayat from interfering in possession of plaintiff or raising any construction and obstructing plaintiff from using land - Plaintiff along with all co-sharers had made joint request to Gram Panchayat for raising construction of Tharra and Gram Panchayat with its own funds..........
