Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for injunction - Dispossession during pendency of suit - Amendment sought claiming relief of possession - Amendment allowed...........
Specific Relief Act, 1963, Section 6 -- To avail relief under this provision, plaintiff must prove his `previous possession' and `wrongful dispossession' - Persons who were in `possession' only can sue under this provision - No relief can be granted under this provision to the person who alleges dispossession but fails to prove his `previous possession' itself - Section 6..........
Specific Relief Act, 1963, Section 37, 38 -- Injunction - Person in possession, though a trespasser, is entitled to decree for injunction against forcible dispossession by the true owner...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Exparte eviction order - Injunction sought from dispossession - Plea that tenant was not party to suit - Held, not tenable in view of fact that she was joint tenant and decree is binding on her - Service of summons on her also, upheld - Tenant giving undertaking before lower Court for vacating house..........
Specific Relief Act, 1963, Section 6 -- Suit for possession based on title even if brought after six months from the date of dispossession is maintainable and defendant cannot succeed in absence of proof of his title to suit property...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit for specific performance - Suit decreed - Sale deed executed by Court - Suit seeking to set aside the decree - Pending suit interim injunction sought from being dispossessed - Granted by High Court - Held, if plaintiff is ultimately successful he can be compensated by awarding damages for use..........
Evidence Act, 1872, Section 101, 102, 103, 104 -- Plea of limitation by defendant - Burden of proof is on defendant to substantiate that suit had been instituted beyond period of twelve years from date of dispossession - Plaintiff need not prove on what date he was dispossessed...........
Civil Procedure Code, 1908 -- Scope of - Objection under order 21.R.99 is maintainable by the person other than the J.D.complaining of his dispossession only after he is dispossessed of the immovable property which constitutes subject matter of decree...........
Specific Relief Act, 1963, Section 6, 41, Civil Procedure Code, 1908, Section 151, Order 39, Rule 1(c) - - Temporary injunction preventing dispossession of plaintiff- Word "threatens" in clause (c) implies a wrongful act on part of defendant and taking the law into his own hands-Defendant when seeks to recover possession through judicial process by way of execution of a..........
Adverse possession -- Possession in order to be adverse must be hostile to that of true owner - Article 65 of Limitation Act comes into play only when person in actual occupation for statutory period in denial of title of true owner - Adverse possession must commence with wrongful dispossession of rightful owner at some particular time - Must be actual, open, notorious,..........
