Land Acquisition Act, 1894, Section 23 -- Compensation - Freehold land and lease hold land - Market value of freehold land is higher than leasehold land - To get the perpetual lease hold deeds converted as freehold, holder of perpetual lease hold has to pay further amount to DDA - 20% should be added for arriving at the value of freehold property...........
Partition suit -- Terms of perpetual lease of land underneath the property prohibiting partition thereof do not prevent the superstructure from being partitioned...........
Partition -- Leasehold land - Leasehold rights in the land underneath the property are to subsist in the parties in equal undivided share - It is only the superstructure which is to be divided - Partition not to affect the payment of rent under the perpetual lease deed which is not to be divided/sub divided...........
Specific Relief Act, 1963, Section 38 -- Perpetual injunction - Without seeking relief of specific performance - Maintainability - Where plaintiff proves that there was delivery of possession and he continued to be in possession of property or has done something in furtherance of said agreement, suit for injunction may be maintainable - But, it was not maintainable where..........
Civil Procedure Code, 1908, Order 21, Rule 32(1) -- Execution - Detention in civil prison - Decree of perpetual injunction - Breach of decree - Other modes of complying the decree viz. to attach the property, providing an opportunity to the J.D. to obey the decree etc. not adhered to - Order of detention in civil prison can be passed as the last resort - Impugned order set..........
Civil Procedure Code, 1908, Order 7, Rule 11, Madhya Pradesh Co-operative Societies Act, 1960, Section 94 - - Rejection of plaint - Validity - Suit for declaration and perpetual injunction against co-operative society - No notice issued before 2 months from date of filing suit by plaintiff - Held, rejection of plaint proper...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Commissioner - Inspection of land - Suit for perpetual injunction - Averment by plaintiffs that `cattle pen' (Aavadu Dhoddi) exists on suit land - Defendants contradicted said plea by filing counter affidavit - Held, appointment of Advocate Commissioner is necessary to note physical features with regard to..........
Civil Procedure Code, 1908, Section 11, Order 7, Rule 11 -- Rejection of plaint - Ground of res judicata - Suit for declaration of title and perpetual injunction - Defendant sought rejection of plaint on ground of res judicata as the question of title to suit property was decided in an earlier suit - Apart from res judicata not being a ground for rejection of plaint even..........
Specific Relief Act, 1963, Section 37, 38 -- Perpetual injunction - Possession - Report of kanungo made during pendency of the suit cannot be made basis of the finding regarding possession - Finding regarding possession over suit land cannot be left to spot inspection by petty revenue official - Such reports can be obtained easily by one or other party for many extraneous..........
Specific Relief Act, 1963, Section 39, 40, 41(h) -- Perpetual injunction - Cannot be granted when equally efficacious relief can be obtained by any other usual mode of proceeding...........
