Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - To elucidate how much and in what manner defendants have occupied suit land - Suit for permanent prohibitory injunction - Burden of proof was upon plaintiff to establish his case to make sure about his boundary - Plaintiff should have obtained a demarcation from revenue authority to..........
Mandatory injunction -- Merely because relief of mandatory injunction has not been granted, would not entitle Estate office to refuse to update entry in accordance with judgment unless specifically prohibited by law...........
Court Fees Act, 1870, Section 7(iv)(c) -- Ad valorem Court fee - Suit for declaration that sale deeds are null and void with consequential relief of permanent injunction - Plaintiffs are executants of sale deeds - Since plaintiffs are required to seek cancellation of sale deeds, they cannot evade affixation of Court fee on plaint as per sale consideration by clothing their..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for declaration of title and permanent injunction - Courts below found that plaintiffs failed to prove that suit land was given by original owner to their grandfather - Defendants on the other hand produced revenue documents in which defendant no.2 recorded as owner of suit property - Since plaintiffs were not..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for possession and permanent injunction - Defendants failed to prove that disputed rooms/shops were constructed by their father with the consent of plaintiff - No right was given to father of defendants to construct rooms over properties owned by plaintiffs - Therefore, in view of S.8 of T.P.Act, disputed..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for declaration and permanent injunction - Dispute is between plaintiffs and official defendants wherein action of defendants is under challenge - Respondent in said dispute is neither a necessary nor a proper party - Order allowing impleadment of respondent as one of defendants set aside...........
Court Fees Act, 1870, Section 7 -- Ad valorem Court fee - Suit for mandatory injunction directing defendants to pay damages/compensation on account of loss of reputation and malicious prosecution - Tentative valuation is given by plaintiff in the plaint and there is no prayer whatsoever wherein damages have been quantified - Quantification of damages would be determined by..........
Court Fees Act, 1870, Section 7(ivA) -- (as applicable in State of UP) - Ad valorem Court fee - Suit for declaration that Will is null and void along with consequential relief of permanent injunction - Will is related to movable and immovable properties of testator - Suit has to be valued only on the face value of such a Will till it was declared void by Court and was to..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Order 43, Rule 1(r) -- Ex parte temporary injunction - An appeal lies thereagainst and not a petition under Article 227 of the Constitution of India...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Easements Act, 1882, Section 52 -- Ad-interim injunction - Right of inhabitant of an old age home to stay in such old age home - Possession of plaintiff in a room of an old age home is that of a licensee permitted to enjoy the possession, but without creating any interest in the property - Licensee has a legal right to stay..........
