Limitation Act, 1963, Article 65 -- Limitation - Suit for possession - Where a suit is for possession of immovable property or any interest therein based on title, limitation period is 12 years when possession of defendants becomes adverse to plaintiff...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Suit for specific performance - Plaintiffs only claiming interim relief that defendant be restrained from alienating or transferring disputed land in favour of third party - They are not protecting their possession of disputed land - Relief of interim injunction can be granted in favour of plaintiffs..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - Local Commissioner cannot be appointed to determine as to who is in possession of suit property - Court cannot collect evidence on behalf of any of parties - Question of possession cannot be determined by Local Commissioner rather it is for parties to lead necessary evidence to establish..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Prior to commencement of trial - Suit for recovery of possession, damages and perpetual injunction - Objection raised by defendant that suit is not maintainable without seeking declaratory relief - Amendment to plaint to include prayer for declaration of title becomes necessary for proper adjudication of..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Advocate Commissioner - When plaintiff is in possession of suit property and no encroachment is made by defendants, he cannot seek for appointment of Advocate Commissioner in order to collect evidence in a suit for permanent injunction...........
Specific Relief Act, 1963, Section 38 -- Suit for injunction simpliciter - Plaintiff not in possession but he did not claim recovery of possession - Relief must have been sought for declaration of title when contention of defendant was that he came into possession of property as a co-owner and then occupies it with absolute rights, making valuable improvements - Suit for..........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration, possession and permanent injunction - Plaintiff failed to enter witness box to testify and prove her plaint case - Testimony of power of attorney holder of plaintiff is inadmissible with regard to facts within personal knowledge of plaintiff who has failed to enter witness box - Sale deed executed by father..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for possession/eviction - Plaintiff is claiming ownership over shop in question on the basis of preliminary partition decree - Admittedly, preliminary decree cannot be questioned by defendants as they have no locus standi to challenge the same being tenants and has not alleged that preliminary..........
Specific Relief Act, 1963, Section 39 -- Mandatory injunction directing appellant to deliver vacant possession - Suit for mandatory injunction arising from landlord tenant relationship between parties - Relationship was lawfully terminated by service of notice u/s 106 of T.P. Act - Tenant is obligated to deliver possession to lessor upon termination of tenancy in terms of..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration and possession - Auction sale - Purchaser at auction obtains such rights as are vested in vendor at the time of sale - Where, at the time of sale a portion of land is in public use or is under physical control of State agencies, auction cannot confer upon a purchaser better rights than those enjoyed by vendor -..........
