Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Plea of encroachment to an extent of 20 guntas sought to be amended by 30 guntas - Question of alleged encroachment and extent of alleged encroachment are issues to be decided at the stage of final disposal of suit - At the time of considering application for amendment, merits of proposed amendment..........
Bombay Tenancy and Agricultural Lands Act, 1948, Section 43, Succession Act, 1925, Section 59, Transfer of Property Act, 1882, Section 105 -- Agricultural holdings - Testamentary disposition to non agriculturist - S.43 including testamentary disposition of agricultural holdings is not invalid for incidental encroachment upon provisions of Central Act i.e. Succession Act...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Boundary dispute - Court to appoint Local Commissioner to ascertain the factum with regard to encroachment, if any, made by either of the parties...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Suit for permanent injunction - Both the parties claiming right over suit property - Moreover there is claim and counter claim of construction on the spot - Appointment of Tehsildar as Local Commissioner to visit spot and demarcate property after notice to parties and submit his report regarding..........
Agreement to sell -- Specific performance - Relief of specific performance not granted - Alternate relief granted even when there was no prayer for grant of alternate relief of refund of advance amount as in the event of not granting alternate relief, plaintiff would be prejudiced and apart from it, it will be unjust encroachment for the defendant - Alternate relief of..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Demarcation of property - Local Commissioner should confine himself to only demarcation of properties according to revenue records without expressing any opinion on encroachment which is the judicial function to be performed by trial court on totality of evidence yet to be adduced by the parties - He..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Encroachment made by defendant neither pleaded nor stated by plaintiff while appearing in witness box - Only allegation is that defendant tried to encroach upon suit land - Appointment of Local Commissioner not required - Application rightly rejected...........
Indian Penal Code, 1860, Section 420, 467, 468, 471, 506 -- Illegal encroachment and land grabbing - Civil suit pending regarding registration as well as before Revenue Court regarding mutation - Till adjudication of civil suit and revenue proceedings, summoning of accused cannot be ordered - Summoning order set aside - Matter remitted for decision afresh...........
Conversion of residential leasehold plot to freehold land -- Conversion charges - Respondent was unauthorizedly in occupation of adjacent land which was covered by barbed wire fencing - He had been asked to vacate a portion of government land - Respondent would necessarily have to pay conversion charges on the date when a final decision was taken after due verification..........
Indian Penal Code, 1860, Section 420, 406, 447 -- Cheating - Complainant alleges that accused has encroached his property and put up construction and thereafter he accepted encroachment and also promised to pay cost of land or provide alternate site but he failed to fulfil the promise - However, no material on record to prove that there is an encroachment by accused - Even..........
