Civil Procedure Code, 1908, Order 26, Rule 9, Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Local Commissioner - Injunction suit - During pendency of enquiry in an application U.O.39.Rr.1,2 CPC, Court appointed Local Commissioner with a purpose to assist Court in elucidating the matter in dispute with a direction not to mention as to who is in possession over which..........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Restraining State to interfere with possession of plaintiffs - Suit land was never acquired nor was compensation paid - Possession of suit land was also not taken over by State - Land in question never vested in State - Predecessor of plaintiffs was owner of suit land - Relief of permanent injunction rightly..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendant from disturbing possession of plaintiff - Factum of possession of plaintiff over suit property is found on the basis of revenue documents - Defendant on the other hand though claimed possession but could not prove the same - Prima facie plaintiff has been able to prove all..........
Civil Procedure Code, 1908, Order 41, Rule 22 -- Cross-objections - Partition suit - Cross-objections filed by plaintiff on being aggrieved by refusal to grant any mesne profits - Parties to suit being co-owners, possession of each one of them has to be regarded as possession for and on behalf of all - No evidence to show that plaintiffs were completely excluded from..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for permanent injunction - Applicant claims his possession over property as its owner on basis of sale deed executed in his favour by defendant no.1 - Adjudication of dispute/controversy between plaintiffs and defendants qua right, title or interest in this property would directly affect rights..........
Limitation Act, 1963, Article 109 -- For applicability of Art.109 of the Act, conditions to be fulfilled are : (1) the parties must be Hindus governed by Mitakshara; (2) the suit is for setting aside the alienation by the father at the instance of the son; (3) the property relates to ancestral property; and (4) the alienee has taken over possession of the property..........
Limitation Act, 1963, Article 109 -- Limitation - Suit for declaration that gift/settlement deed is null and void - Gift/settlement deed was executed by father of plaintiff in favour of defendant No.2 and defendant No.2 has taken possession of property on 22.3.1980 when gift/settlement deed was registered - Period of 12 years as prescribed u/art 109 of the Act is..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for declaration, specific performance, possession and for permanent injunction - Suit property in respect of which plaintiff and defendant no.1 had made agreement is different property and not property as claimed by defendant Nos.12 & 13 - There is no necessity of giving any further explanation as..........
Suit for possession -- Applicability of S.18 of Rajasthan Rent Control Act - Rent Control Act came into force after civil suit was filed - Act is applicable to areas in question from date of notification came into force and it does not bar decree of civil Court or pendency of such civil suit - Decree passed by civil Court is valid and executable which is not interdicted..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Court while deciding application exceeded its jurisdiction and ventured into merit of case by holding that plaintiff was not in joint possession of suit schedule property and she should pay court fee - Such direction that too at the threshold is totally unwarranted and beyond jurisdiction, hence set..........
