Madhya Pradesh Ceiling on Agricultural Holdings Act, 1960, Section 11, 46 -- Surplus land - Disclosure of pendency of civil suit - Civil suit of title decreed in favour of mother-in-law of appellant - No notice was issued to her - Effect of decree in favour of mother-in-law is that appellant loses right to hold that land and his total land holding comes within ceiling..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendant from dispossessing plaintiff from suit property - No proof of possession by plaintiff - Possession ordinarily follows title and for success plaintiff should have produced some evidence to show that he is in possession - Temporary injunction rightly declined...........
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 22, Rule 10 -- Impleadment of a party - At appellate stage - Suit for possession - Patta issued in favour of plaintiff was cancelled way back in 1978 - Plaintiff neither in possession of suit property nor had any title - Subsequently qua the suit property patta had already been issued in favour..........
Civil Procedure Code, 1908, Order 14, Rule 1, 2 -- Framing of an issue - Question of title - No question of title framed by trial Court - Mere assertion that plaintiff is owner/landlord of suit property is not sufficient to deal with title of property...........
Civil Procedure Code, 1908, Section 100, 102 -- Second appeal - Maintainability - Suit for declaration of title - SCC suit for eviction was returned by Court to institute a suit in regular civil Court - Question of title is involved in suit after SCC suit was returned - Same being original suit involving question of title, therefore S.102 CPC cannot be attracted - Since..........
Limitation Act, 1963, Article 65, 109 -- Limitation - Suit for possession filed by daughter - Co-parcenary property - Limitation for suit for possession on basis of title is 12 years - Trial Court held that suit is within limitation - However, first appellate Court merely on the grounds that it was a suit for declaration, limitation was 3 years had dismissed suit and so..........
Civil Procedure Code, 1908, Order 21, Rule 95, Limitation Act, 1963, Article 134 -- Auction sale - Delivery of possession of property not asked within statutory period of one year by auction purchaser - Auction purchaser has no right to file a fresh suit for enforcing delivery in execution - However, suits which do not offend u/s 47 CPC and suits for possession on strength..........
Specific Relief Act, 1963, Section 38, Evidence Act, 1872, Section 102 -- Permanent injunction - Burden of proof - Agricultural land - Plaintiff filed suit on basis of ownership and title in suit property - However, plaintiffs upon whom burden of proof lies in view of S.101 of Evidence Act failed to produce any document pertaining to title in suit property - Entire..........
Civil Procedure Code, 1908, Section 92 -- Public trust - Leave to file suit u/s 92 CPC - Defendants admitted execution of trust deed - Contention of defendants that they are using property for their own use and some shops have been let out and their names are recorded in Nagar Palika record does not confer any right or title on them - At the stage of grant of leave, prima..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Status quo order - Title suit filed by plaintiffs dismissed and title of property in favour of defendants has already upheld - However, appeal filed by plaintiffs against such dismissal of suit is pending - Balance of convenience is in favour of defendants, as title and possession of suit property has already..........
