Civil Procedure Code, 1908, Order 7, Rule 11, Limitation Act, 1963, Article 58 -- Rejection of plaint - Suit for declaration that plaintiff is owner of suit property and for cancellation of sale deed executed by defendant Nos.2 to 4 in favour of defendant No.1 - Plaintiff himself is claiming declaration by pleading that cause of action accrued to him for the first time in..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Both parties claiming to be owner in possession of suit property - Ownership and possession a disputed question of fact - Question of fact can only be decided after parties lead their evidence - Order of status quo, upheld...........
Civil Procedure Code, 1908, Section 100, Specific Relief Act, 1963, Section 38 -- Permanent injunction - Trial Court found that appellant failed to produce any evidence with regard to title over suit property - Suit property was a nazool property and its ownership vested in Punjab Govt. and was transferred in name of Improvement Trust - Possession was also delivered to..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Punjab Village Common Lands (Regulation) Act, 1961, Section 5A, 5B -- Suit for ad interim injunction - Gift of land vested in Panchayat - Suit land was gifted by Gram Panchayat to plaintiff Trust vide a Resolution u/R.13(1) - Said Rule was later held as ultra vires by Apex Court on the ground of being violative of Ss.5A and..........
Motor Vehicles Act, 1988, Section 166, 168, 173, Civil Procedure Code, 1908, Order 1, Rule 10 -- Motor Vehicle accident - Claim petition - Dismissal on ground that true owner of offending vehicle is not impleaded, without recording any finding as to ownership of vehicle - Held, not sustainable - When Tribunal can implead any person who ought to have been impleaded and..........
Criminal Procedure Code, 1973, Section 451 -- Release of vehicle on Sapurdari - Should be given to the person who is prima facie owner - Owner means the person in whose name the motor vehicle stands registered. The legal position, therefore, is that the sapurdari of a vehicle in proceedings under Section 451 Cr.P.C. should be given to the person who is prima facie owner of..........
Civil Procedure Code, 1908, Order 6, Rule 2 -- Pleadings - Plea of ownership - It is sufficient for the plaintiff to allege in plaint that he is the owner and it is not necessary for plaintiff to state in plaint that he is owner on the basis of sale deed - Certified copy of sale deed filed is admissible for that purpose - Plaintiff cannot be non suited for non compliance..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - 'Possession relevant consideration to grant injunction - Suit for declaration that plaintiff owner in possession of suit land - Injunction also sought restraining defendant from interfering in possession - Claim based on enteries in revenue record - Defendant asserted his title and possession over..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Suit for declaration as owner in possession - Dispute between mother and widow regarding estate left by deceased - Mother claiming Will in her favour - Will prima facie document showing ownership and entitlement to property - Wife restrained from alienating suit property - Status quo regarding possession also to be..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendant from interfering in possession on ground of purchase of land - Defendant claiming ownership over land - No material on record to show that vendor plaintiff had prima facie title over disputed land - In revenue record defendant recorded as owner - Refusal to grant injunction..........
