Co-owner -- Non demarcation of suit property - Construction of compound wall, within suit property, to protect suit property from further encroachment - Construction of such compound wall not likely to adversely affect the defendants - Permission granted upheld - However, construction of compound wall must confirm to the mandate of municipal laws and other compliance in..........
Adverse possession -- Once defendant claimed that construction over suit land was raised by him presuming himself to be owner, plea of adverse possession could not have been taken by him...........
Adverse possession -- Plea by defendant - Burden is upon defendant to prove as to at what point of time his possession became hostile to the plaintiff and at what point of time it matured into title by way of adverse possession after lapse of 12 years - In the instant case it can be safely concluded that defendants have failed to prove hostile animus, if any, towards..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Defalcation and misappropriation of public money - No direct insulation of crime against petitioners - There is not even any whisper in any of FIR's about loss to exchequer as most of payments are not made - Shifting of work from one construction site to another is specific allegation against accused -..........
Specific Relief Act, 1963, Section 39 -- Mandatory injunction - Unauthorised construction - Not proved with description on the land where it stood - Mandatory injunction, rightly, declined...........
Transfer of Property Act, 1882, Section 105, Gujarat Municipalities Act, 1963, Section 65(2) -- Lease - Renewal of - Original lease was granted for running an oil mill - Admittedly, as on date, there is no oil mill situated on the land - Lease property is public property leased out at a very meager rent - It cannot be utilized for a purpose other than purpose for which it..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Expression `sufficient cause' should receive liberal construction so as to advance substantial justice when no negligence or inaction or want of bona fide is imputable to party...........
Limitation Act, 1963, Section 5 -- `Sufficient cause' - To receive a liberal construction so as to advance substantial justice when no negligence or inaction or want of bona fide is imputable to a party...........
Easements Act, 1882, Section 52 -- Licence - Exhibit-B3, does not create an outright sale but a mere licence - Through Exhibit-B3 no right has been granted to defendant no.1 by plaintiff enabling him to transfer, sell, alienate or encumber the said right - Only license was granted for construction and conduct of a telephone booth - Said document therefore cannot be treated..........
Specific Relief Act, 1963, Section 38, 39 -- Permanent prohibitory injunction - Restraining defendant from interfering in exclusive possession of plaintiff over suit land or from raising construction - Plaintiff himself admitted that defendant had laid foundation of shop in question prior to institution of suit with his consent - Defendant on the other hand also..........
