Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Co-sharers - Co-sharer cannot be restrained from raising construction over joint land unless it is shown that such an act would constitute prejudice and mere raising of construction does not amount to any prejudice - Application rightly rejected...........
Agreement to sell -- Specific performance - Plaintiff admitted in his cross-examination that suit land was under encumbrance and he checked the jamabandi at the time of execution of agreement to sell - However, there is no reference in the agreement to sell that suit land was under encumbrance - Plaintiff had to prove his case by standing on his own legs and he cannot..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Defendant though claimed that he was not served at the correct address, however in execution proceedings on the same very address, he received summons and put in appearance through his counsel - Application U.O.9.R.13 CPC filed after delay of more than a year and no explanation was given for..........
Indian Penal Code, 1860, Section 436, 304, 429, 34 -- Offence u/ss 436, 304, 429, 34 IPC - Previous land enmity between parties since 1984-85 - Accused allegedly lit fire on cowshed of informant resulting in death of his grand-daughter and one calf - Eye witnesses account given by them is believable, reliable and quite reasonable and there is no ground to disbelieve the..........
Easements Act, 1882, Section 15 -- Easement - Right to fetch water from third party land can only be claimed as a customary right and it cannot be treated as an easmentary right - In order to prove the customary right, the plaintiffs must produce cogent evidence to establish that they have been enjoying such a right from time immemorial...........
Easements Act, 1882, Section 15 -- Easement - Right of pathway - Plaintiff's predecessor in interest was given right to use pathway and it includes right to carry the cattle along with them - Unless the right to carry the cattle is allowed, it may not be possible for parties to use the pathway as access to reach their agricultural land and carry out agricultural operations..........
Easements Act, 1882, Section 15 -- Easement - Right to fetch water from third party land - Oral evidence led by plaintiff with regard to right to fetch water is not sufficient to come to conclusion that plaintiffs have been exercising the said right from time immemorial without any interruption - Defendants purchased the property in question and in his sale deed there was..........
Adverse possession -- Suit for declaration of title on the basis of adverse possession - Isolated land tax receipt - Not sufficient to prove adverse possession...........
Adverse possession -- Isolated land tax receipt - If really plaintiff was in possession from 1981 till date of filing of suit, he should have paid the land tax every year - However, plaintiff filed only isolated land tax receipt - Isolated land tax receipt not sufficient to prove adverse possession...........
Partition suit -- Settlement of dispute by mediation and conciliation - Courts are required to explore these methods for amicable settlement of family disputes...........
