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..........
Specific Relief Act, 1963, Section 39, Court Fees Act, 1870, Section 7(iv)(d) -- Public Street - Encroachment of - Suit for removal of encroachment - Court fee - Public street not have any market value as it is meant for public use - Not personal property of Municipality - Adveloram Court fee not payable - Suit for mandatory injunction maintainable...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - When permissible - Suit for mandatory injunction to cut and remove trees - Defendant alleging encroachment by plaintiff - No counter claim set up in written statement - Application by defendant to appoint LC for demarcating land and to report about encroachment - LC appointed by Trial Court..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Suit for permanent injunction - Encroachment inspite of injunction order - Amendment of plaint to bring subsequent event on record and to seek possession of suit property - Proposed amendment not to change nature of suit - By allowing proposed amendment multiplicity of proceedings can be avoided -..........
Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Impleading of a party Suit for permanent injunction against Municipal Committee - Dispute as to encroachment of street - Applicants using the street and residing in the vicinity nearby - Apprehension that Municipal Committee will not put up a proper defence and will not contest the suit in a proper manner and that the..........
Specific Relief Act, 1963, Section 34, 37, 38 -- Suit for declaration and injunction - Appellant purchased land comprised in a particular survey number - Respondent purchased land comprised in another survey number adjoining appellants land - Allegation that respondent encroached into appellant's land - Appellant in possession of land more than measurement stated in survey..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local commissioner - Suit for injunction - Encroachment of property and its boundary in dispute - Local commissioner can be appointed for measurement of property and to demarcate the boundaries of the property - However, Local Commissioner cannot go into question as to who is in possession of the property...........
Rajasthan Colonisation Act, 1954, Section 22, 24 -- Bar of civil suit - Encroachment of Govt. land - A.M.D. of District passing order for removal of the same - Suit for permanent injunction claiming title on ground of adverse possession - Suit is not barred - Determination of suit claim is outside purview of summary mode of eviction under S.22 - Power and procedure under..........
Civil Procedure Code, 1908, Order 18, Rule 17 -- A - Additional evidence in a suit for mandatory injunction against alleged encroachment of certain portion of property in dispute - Evidence of parties already recorded - Copy of demarcation report of a later date - Could not be produced with due diligence - Allowed to be produced as additional evidence...........
Civil Procedure Code, 1908, Section 151, Order 6, Rule 17 -- Plaint - Amendment - Suit for permanent injunction upon declaration of plaintiff's right, title and interest therein - Suit initially confined to one plot only - Subsequent event of encroachment of other plots also alleged - Amendment of plaint sought to include those plots also in the suit - Nature and character..........
