Co-sharers -- Co-sharer has every right to raise construction on the portion of joint land which is in his exclusive possession which will be subject to adjustment at the time of partition...........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Co-sharers - Where separate possession of defendant/co-sharer on a parcel of joint land is established, he has right to enjoy separate possession until same is disturbed by partition - He has every right to alienate his share out of joint land - No injunction can be passed against defendant for restraining him..........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Third party objections - Provision of O.21.R.97 CPC is meant to protect the possession of a third party whose possession is lawful and such a person cannot be evicted on the basis of decree in which they were not party...........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Third party objections - O.21.R.97 CPC is not meant to protect the possession of a person who is not a third party and does not have any independent right and does not claim his possession based upon his independent right over the suit property...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 52A -- Contraband - Charas was recovered from the possession of appellant - Process as indicated in Standing Order No.1/88 and 1/89 was not adopted - Prosecution had not followed the procedure as prescribed while drawing the sample of recovered charas from the bag of appellant - Non production of the bulk before..........
Civil Procedure Code, 1908, Order 39, Rule 7 -- Appointment of Commissioner - Commissioner found possession of plaintiff proved but he has not indicated the khasra number at which such possession is situated - Defendant yet to file his written statement - If defendant files written statement with assertion that possession which plaintiff is claiming is not on the land..........
Adverse possession -- Possession as tenant and plea of adverse possession are mutually destructive pleas, which cannot be permitted to be taken by parties...........
Suit for possession -- Plea of adverse possession taken by defendant not proved - Plaintiff being owner of suit land is entitled for relief of possession...........
Suit for possession -- Limitation - Plaintiff has sought relief of possession on the basis of title - Until and unless, defendant is not able to prove her adverse possession, suit of plaintiff for possession is within limitation, as no limitation is prescribed for seeking possession on the basis of title...........
Consumer Protection Act, 1986, Section 12 -- Consumer complaint - Construction agreement - Delay in handing over possession of flats - Due date for handing over possession of flat is to be fixed as per terms and conditions mentioned in construction agreement...........
