Specific Relief Act, 1963, Section 38 -- Suit for injunction - Injunction can be granted to protect possession of a person who is in settled or lawful possession against any person disturbing possession, except the true owner...........
Adverse possession -- Suit for declaration of title and permanent injunction - Plaintiff's title/ownership to suit property is clearly established through registered sale deed, mutation, issuance of patta and approved building map in favor of plaintiff - It therefore, demonstrate possession under lawful title and do not reflect hostility required for adverse possession -..........
Civil Procedure Code, 1908, Order 21, Rule 32 -- Execution - Decree for permanent injunction - Question relating to identity of DH's father stood conclusively adjudicated in original suit and could not be reopened or re-litigated in execution proceedings - Moreover, DH had already been found to be in possession of suit property as a tenant following death of his father and..........
Civil Procedure Code, 1908, Order 21, Rule 32 -- Execution - Decree for permanent injunction - Once it was established that DH's father was tenant of suit property, finding that DH succeeded to tenancy and remained in possession was rightly affirmed - Petitioners are presently in possession of suit land, thereby clearly demonstrating that DH was dispossessed in violation..........
Civil Procedure Code, 1908, Section 9 -- Jurisdiction of civil Court - Applicability of provisions of J&K Agrarian Reformers Act - Issue that falls for determination is as to whether defendant is entitled to resume suit land on the basis that mutation u/s 7 of J&K Agrarian Reformers Act stands attested in his favour way back in the year 1987 - Plaintiffs are resisting..........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Third party objections - Petitioners have nowhere asserted their possession over suit property - They have claimed merely a right of passage through said land to their house that too by way of easement - Objections filed by petitioners were meritless being not maintainable - Application rightly dismissed...........
Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - Petitioners have instituted two civil suits seeking specific performance of distinct agreement to sell pertaining to two separate portions of property in question - Whereas respondents during pendency of said suits seeking possession of same premises filed eviction petition before Rent Tribunal - Questions..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Stay application - Suit for mandatory and permanent injunction - No material on record to show that defendants have encroached upon or merged any area beyond their admitted possession - Since suit for partition is pending and defendants are in exclusive possession of their respective portions - Any construction raised by..........
Partition suit -- Mesne profits - Application seeking interim mesne profits or profits gets more credence in appeals against decree for partition or in final decree proceedings where plaintiff established that property is joint family property and defendant is exclusively deriving income from suit property though plaintiff is in constructive joint possession of the same...........
Specific Relief Act, 1963, Section 38, 39 -- Co-owners - Suit for permanent or mandatory injunction - Not maintainable against another co-owner, notwithstanding the fact that different co-owners may be in a separate actual possession of distinct portions - In such circumstances, the only appropriate and legally permissible course open to plaintiff was to seek partition of..........
