Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for possession and permanent injunction - Courts below after proper appreciation of oral and documentary evidence have concurrently held that plaintiffs have failed to establish location and encroachment over their land - Demarcation reports relied upon by plaintiffs merely refers to certain parts of Survey..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for declaration, recovery of possession, mesne profits and permanent injunction - Defendants had duly admitted title of plaintiff over suit land - Though defendant claimed that there was a gratification of land in his favour, but there is no evidence adduced in support thereof - Documents of title of plaintiff..........
Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Impleadment of intervener - Title suit - Respondent no.6/petitioner has been able to bring on record certain documents which had been showing her interest in the suit property claiming through their vendors - Plaintiffs made vendor of petitioner as defendant - If petitioner is a purchaser prior to institution of suit,..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for permanent injunction - No right to relief sought against petitioner in the suit - Even, petitioner has failed to show that effective decree cannot be passed in her absence - If the petitioner is impleaded in the suit, scope of suit for permanent injunction will be enlarged to a suit for title..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Plaintiff claimed that suit property was orally gifted to him by owner and again claimed the same through adverse possession - Plaint case ex facie is mutually contradictory - Plaintiff admits that one `O' to be true owner of title holder of suit property, as suit property gifted to plaintiff by him..........
Transfer of Property Act, 1882, Section 123 -- Gift deed - Unilateral cancellation of gift deed - Where donor has executed gift deed in favour of donee voluntarily, transferring absolute title and possession of gift property without reserving her any right in suit property and donee has accepted the same, cancellation of gift deed unilaterally by donor is non-est under..........
Specific Relief Act, 1963, Section 38, 34 -- Proviso - Suit for injunction simplicter - Not maintainable where complicated disputed questions of fact and law relating to title and possession of parties over suit property involves, as same can only be decided in a comprehensive suit for declaration of title and injunction...........
Criminal Procedure Code, 1973, Section 145 -- Proceedings u/s 145 Cr.P.C - Inquiry u/s 145 Cr.P.C is limited to question as to who was in actual possession on date of report or information, irrespective of title to property and right to possess the same...........
Criminal Procedure Code, 1973, Section 145 -- Proceedings u/s 145 Cr.P.C - Breach of public peace - Both the parties to dispute have rival claim regarding title to subject property and possession thereof - Executive Magistrate did not find himself able to decide possession of parties over it without any inquiry and hence, proceeding u/s 145 Cr.P.C was initiated - Alleged..........
Specific Relief Act, 1963, Section 5, 34 -- Suit for confirmation of title and recovery of possession - Without seeking relief of declaration - Defendants denied title of plaintiff - Court below committed error in granting decree in favour of plaintiff without asking him for seeking declaration of title u/s 34 of the Act - Impugned order set aside - Matter remanded...........
