Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for permanent injunction - Parties having any right, title or interest in disputed property are necessary parties even for purpose of granting/refusing relief of injunction in a suit...........
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..........
Criminal Procedure Code, 1973, Section 145, 482 -- Proceedings u/s 145 Cr.P.C - Quashing of proceedings - Land dispute between parties wherein two rival parties are claiming title/ownership/possession - Dispute if any have to be resolved by competent civil Court - Simultaneously initiation of criminal proceedings u/s 145 Cr.P.C along with civil proceedings is nothing but..........
Civil Procedure Code, 1908, Order 7, Rule 11, Punjab Village Common Lands (Regulation) Act, 1961, Section 13 -- Rejection of plaint - Jurisdiction - Civil suit against Gram Panchayat involving adjudication of rights of parties over suit property - Jurisdiction to decide any dispute as to whether any right, title or interest in any land or immovable property vests in Gram..........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration of title and injunction - Plaintiffs vaguely averred that their father was owner and after his demise they inherited property - Original documents under which they are claiming title were never produced on record and only photocopies were produced - Even said photocopies of documents are not duly proved to..........
Evidence Act, 1872, Section 65 -- Secondary evidence - Photocopies of grant and sale deed - Suit for declaration of title and injunction - Plaintiff produced on record photocopies of grant and sale deed - Though no permission to lead secondary evidence may be required and a party is entitled to make out grounds u/s 65 of Evidence Act to lead secondary evidence - No ground..........
Adverse possession -- Mere possession without title cannot make a person holder of holding unless he has perfected his right by prescription in consequence of adverse possession...........
Adverse possession -- Opposite party has not even indicated date on which he claims to have come into possession over property in question or even date on which original tenure holder came into knowledge of opposite party's hostile possession and title - No pleading or evidence produced by opposite party on which plea of adverse possession could succeed - Plea of adverse..........
Agreement of sale -- Does not create a title in favour of purchaser which can be effected only in terms of S.54 of T.P.Act i.e by way of a registered sale deed if value of immovable property is Rs.100/- or upwards...........
Rent and Eviction -- Denial of relationship between landlord and tenant - Tenant claimed to be owner of suit property on basis of agreement of sale - Agreement of sale does not create a title in favour of purchaser which can be effected only in terms of S.54 of T.P.Act i.e by way of a registered sale deed - Recovery certificate rightly issued in favour of landlord...........
