Transfer of Property Act, 1882, Section 51 -- Encroachment of land - Structures made thereon, in absence of any title, at own risk - Encroacher cannot be treated as a `transferee' within the meaning of S.51 of TPA - Benefit of S.51 of the Act, thus cannot be given to encroacher...........
Suit for recovery of possession -- Encroachment - Mere fact that after making objection plaintiff took some reasonable time to approach Court for recovery of possession cannot be a reason to deny him relief of recovery of possession of encroached land on his establishing his title over it - Suit rightly decreed...........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Bar of subsequent suit - Earlier suit filed for permanent injunction and subsequent suit filed for specific performance - Earlier suit withdrawn without permission to file fresh suit with respect to the suit land - Nothing on record to establish what was the cause of action of plaintiff in earlier suit - In the absence of any..........
Civil Procedure Code, 1908, Order 7, Rule 11, Rajasthan Tenancy Act, 1955, Section 207 -- Rejection of plaint - Bar of civil Court jurisdiction - Suit property is agricultural land - Civil Court has no jurisdiction for adjudication of suit regarding agricultural land as per S.207 of Rajasthan Tenancy Act - Plaint rejected...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendants from alienating ancestral property - Once a specific finding has been given by Court in writ petition that plaintiffs have failed to prove land in question to be an ancestral property which was further affirmed by Division Bench, same fact and same pleadings cannot be..........
Agreement to sell -- Specific performance - Agreement to sell agricultural land to a non agriculturist in H.P. - Essential condition of agreement was to get requisite permission of State Govt. - Purchaser failed to get requisite permission of State Govt. and he assigned his rights to plaintiff who in turn filed suit for specific performance - Assignment not valid as there..........
Civil Procedure Code, 1908, Order 41, Rule 27, Civil Procedure Code, 1908, Order 26, Rule 9 -- Additional evidence at appellate stage - Remeasurement of land - Trial Court appointed Court Commissioner but his report was rejected as he did not follow proper procedure at the time of conducting measurement - If Appellate Court agrees with the finding of trial court about non..........
Civil Procedure Code, 1908, Order 26, Rule 9, 10 -- Appointment of Commissioner - As far as possible the procedure be adopted viz. (i) Court may fix the date and time for local inspection, directing parties to be present at the disputed property, to avoid the process of issuance of notice to parties by Court Commissioner; (ii) Court shall also fix the time frame for..........
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..........
Land Acquisition Act, 1894, Section 35 -- Temporary acquisition of land - Land in question is under temporary acquisition of Government Company for oil exploration for 26 years - Temporary acquisition cannot be continued for approximately 20 to 25 years - To continue with temporary acquisition for number of years would be arbitrary and can be said to be infringing right to..........
