Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for declaration, joint possession and permanent injunction - Plaintiff himself levels allegations against defendants that they played fraud and documents in question through which they have succeeded their rights in property are obtained by playing fraud and same are illegal, null and void - Burden is upon..........
Civil Procedure Code, 1908, Section 9 -- Jurisdiction of civil Court - Agricultural land - Suit filed for permanent injunction and easement right - Suit is not to decide ownership or possession or for any purpose enumerated in Column 3 of Schedule II of UPZA and LR Act - Moreover, defendant itself has stated in its written statement that on the land purchased by it..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Partition suit - Restraining defendants from interfering with possession of plaintiffs - Right of plaintiff over suit property are still to be established - Possession of plaintiff over suit property also not established - Trial Court rightly dismissed the application after recording prima facie..........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration of ownership and permanent injunction - Plea of non est factum - Plaintiffs claimed to be absolute owners thereby denying not only correctness of Power of Attorney in favour of defendant but also subsequent execution of sale deeds by Attorney - Defendant transferred the property in favour of his father and..........
Adverse possession -- Mere possession over a property for a long period of time does not grant right of adverse possession on its own...........
Adverse possession -- Plea of adverse possession is available not only as a defence when title is questioned, but is also available as a claim to a person who has perfected his title...........
Adverse possession -- Possession must be open, clear, continuous and hostile to the claim or possession of the other party - All three classic requirements must coexist i.e., adequate in continuity, adequate in publicity; and adverse to a competitor, in denial of title and knowledge...........
Adverse possession -- Mere passing of an ejectment order against a person claiming to be in adverse possession does not cause brake in possession neither causes his dispossession...........
Adverse possession -- When land is subject of proceedings wherein adverse possession has been claimed, belongs to Government, Court is duty-bound to act with greater seriousness, effectiveness, care and circumspection as it may lead to destruction of a right/title of the State to immovable property...........
Adverse possession -- Pleadings - A plea of adverse possession must be pleaded with proper particulars, such as, when the possession became adverse - Court is not to travel beyond pleading to give any relief, in other words, plea must stand on its own two feet...........
