Specific Relief Act, 1963, Section 38, 39 -- Suit for demarcation, permanent injunction and mandatory injunction - Plaintiff has no right in suit property - Defendant is owner of property purchased from plaintiff`s sister - Relief of demarcation, permanent injunction and mandatory injunction not granted to plaintiff - Suit dismissed...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of advocate commissioner - Measurement and demarcation of suit lane by measuring property of both plaintiff and defendant - Injunction suit - Dispute as to encroachment of suit lane - However, there is no material on record to show what are the measurements of lane and by what document and what is encroachment..........
Specific Relief Act, 1963, Section 38 -- Suit for fixation of boundaries by way of demarcation of land and for permanent prohibitory injunction as well as for possession - Proof beyond pleading - Court not to look into that aspect - As no specific evidence, whatsoever has been led on record to prove averments contained in plaint where specific allegation of interference,..........
Specific Relief Act, 1963, Section 39 -- Mandatory injunction - Removal of blockage caused by raising construction over a path in question - No evidence on record to prove that by raising such construction width of path will be reduced - No demarcation report placed on record by plaintiffs showing the precise portion on record encroached by defendants - Omission of said..........
Specific Relief Act, 1963, Section 37, 38 -- Permanent Prohibitory injunction - Restraining defendants not to encroach or raise any sort of construction over vacant portion of suit property - Plaintiff proved that he was owner-i, possession of suit land, as he purchased the land from father of defendants on the basis of registered sale deed - One karam of land which is..........
Civil Procedure Code, 1908, Order 26, Rule 9, Civil Procedure Code, 1908, Order 41, Rule 27 -- Appointment of local commissioner - Demarcation of suit land - Demarcation report was already carried out strictly as per statement of PW3 - Objection to demarcation report was not filed by defendant no.1 - At this belated stage, appointment of Local Commissioner cannot be..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Suit for injunction - Even in a suit for injunction, where there is a necessity for demarcation of land, an Advocate-Commissioner can be appointed...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of local commissioner - Demarcation of suit land - Held, since at the time of earlier demarcation defendant was absent, it is necessary to obtain demarcation to prove encroachment of plaintiff's land by defendant by way of reliable evidence - Encroachment of plaintiff's land by defendant can be established only by..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Pleader Commissioner sought for demarcation of suit land prior to delivery of possession in favour of decree holder - Denial as to - Validity - Boundary and area of land specifically mentioned in decree - Executing court opined that without appointment of commissioner, delivery of possession could be effected -..........
Assam Land and Revenue Regulations, 1886, Section 154 -- Suit for recovery of possession and permanent injunction - Jurisdiction of civil Court - Held, demarcation of boundary through revenue authority and prayer for declaration of right, title and possession over a land are two distinct and different matters - Merely because plaintiff/petitioner was party to demarcation,..........
