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..........
Civil Procedure Code, 1908, Order 7, Rule 3 -- Description of property - Suit for possession has to describe the property in question with accuracy and all details of measurement and boundaries - In the absence of the same, suit would be liable to be dismissed on the ground of its identifiability...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner for demarcation of suit land - Plaintiff had sought amendment in the suit on the ground that during pendency of suit certain part of suit land stood encroached by defendant - This presupposes that plaintiff was aware of his boundaries and only thereafter he levelled allegations against..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - Not a boundary dispute - Demarcation in respect of suit property was already conducted - Unless demarcation order once passed in accordance with provisions of Land Revenue Act is set aside or there are allegations of encroachment or change of boundaries after previous demarcation, fresh..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint sought at first appellate stage - Amendment sought to correct survey numbers of suit properties - However, there are discrepancies in the boundaries of suit property - Amendment sought will not help the plaintiff until or unless boundaries of suit property are properly stated - Moreover, failure on the..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Advocate Commissioner - Demarcation of boundaries - When there is already survey conducted and boundaries were fixed on basis of Tippon in presence of defendants, there is no necessity for appointment of Advocate Commissioner for demarcating boundaries and noting physical features of suit property - Application..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Advocate Commissioner - To note down physical features - A further clarity would be obtained to localize the suit property with boundaries and by doing so no prejudice would be caused to parties...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for permanent injunction - Measurement and boundaries of disputed land are not clear from evidence produced by plaintiffs who are in possession of suit property, nor does it make clear that it is same land which is described in the plaint - Plaintiffs are not entitled to get any relief - Suit rightly..........
Specific Relief Act, 1963, Section 38, 39 -- Permanent and mandatory injunction - Restraining defendant from raising any construction on the house of plaintiff - Plaintiff himself had raised construction on area exceeding the land owned by him - It was for plaintiff to prove the extent and boundaries of his land and that he had confined his construction within such..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for mandatory injunction - Encroachment - Plaintiff never applied for demarcation or got her land demarcated - Defendant got the land demarcated and husband of plaintiff had admitted such demarcation to be correct - Courts below rightly concluded that since plaintiff never applied for demarcation of land and..........
