Civil Procedure Code, 1908, Section 91(1) -- Encroachment of public street - Suit for mandatory/permanent injunction - Causing hardship to plaintiff in ingress and egress to his house situated alongside the street - Special damages caused to plaintiff on account thereof - Held, plaintiff has locus standi to file the suit independently of the provision of S.91 CPC and..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 7 -- Encroachment of Panchayat land - Eviction order passed - Threat of demolition of house in the garb of execution of orders - Civil Court granted injunction - Once a Court grants injunction and if any other competent authority has granted any right to the contrary, the same has to be kept in abeyance and cannot..........
Punjab Municipal Act, 1911, Section 172, 172A, 195, 195 -- Notices issued by the Committee under Section 172, 195, 195 A to remove encroachment - Plaintiff filed injunction suit against the Committee - Plaintiff should avail remedy provided under the Act - Jurisdiction of civil court is specifically barred under Section 172-A of the Act and implied barred under third..........
Civil Procedure Code, 1908, Section 9, Punjab Municipal Act, 1911, Section 172, 172A, 195, 195A -- Committee issued notice to remove encroachment - Suit for injunction - Held, jurisdiction of civil court is specifically barred u/s 172-A of the Act and implied barred under third proviso to Ss.195 and 225 of the Act...........
Civil Procedure Code, 1908, Section 9 -- Encroachment of public property - Private person filing suit for mandatory injunction - Failure of State Govt. to act in accordance with law - Suit against State Government and other parties - Held, suit is maintainable...........
Civil Procedure Code, 1908, Order 22, Rule 2 -- Encroachment of public property - Suit for mandatory injunction - Death of one of the defendants during pendency of suit - Surviving defendant, held, is not competent to question judgment on behalf of a deceased one...........
Specific Relief Act, 1963, Section 30, 34 -- Injunction - Encroachment - Proof - Held, plaintiffs have to prove that defendants have raised construction on disputed land - This could have been only done by getting the land demarcated - Only after such demarcation could it have been ascertained as to where defendants are raising construction - Plaintiffs have miserably..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Plaintiff non-suited in a suit for injunction when trial court found that he has made encroachment - Plaintiff sought to produce demarcation report in appeal - Demarcation report suffered from procedural infirmities - Report obtained to fill up lacuna - Report did not establish title..........
Specific Relief Act, 1963, Section 38, 39 -- Public pathway - Illegal encroachment - House of plaintiff abutting on public pathway - Plaintiff is entitled to make use the pathway which is in front of his house - Plaintiff being the aggrieved person is entitled to seek mandatory injunction...........
Specific Relief Act, 1963, Section 39 -- Mandatory Injunction - Public street - Encroachment - Suit for mandatory injunction for removal of obstructions/encroachment - Municipal Council has statutory right to remove unauthorized encroachment - Right exercised by Municipal Corporation not for the benefit of itself but for the benefit of inhabitants of urban area - Civil..........
