Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Injunction suit - Advocate commissioner cannot be appointed at the threshold for gathering evidence - Only in cases where there is a serious dispute regarding identity of property or boundaries thereof, an advocate commissioner can be appointed in injunction suit...........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Possession - It is necessary for plaintiff to prove that property has well defined physical boundaries and thus it can be identified from adjoining properties - Property has to be identified not on the basis of survey plan but on physical boundaries like wall, fence, row of trees, difference in level, boundary..........
Civil Procedure Code, 1908, Order 7, Rule 3 -- Suit for declaration as to right, title and owner of immovable property - Plaintiff is bound to give description of suit property including boundaries thereof and cannot suppress market value of suit property for the purposes of valuation of suit for the purposes of jurisdiction of Court and also the payment of the Court fees...........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 7, Rule 3 -- Plaint - Amendment - To correct suit survey numbers and extent of suit property with specific boundaries - Nature of suit will not change - No change in relief sought - Amendment allowed...........
Specific Relief Act, 1963, Section 34 -- Recovery of possession - Boundaries mentioned in purchase certificate issued in favour of vendee and as claimed by vendor in plaint schedule were same - Correction of survey number by Land Tribunal without notice to vendor, not improper - Security fence separating plaint schedule on north and west side of property constructed by..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Sought at the stage when case was listed for recording statement of defendant - Amendment sought with regard to property in dispute whereas in the plaint boundaries given are with regard to entire property relating to Khata No.440 - Elaboration of property - Amendment allowed by trial Court - Held,..........
Civil Procedure Code, 1908, Section 153 -- Clerical mistake - Court has power to order rectification of clerical mistake occurred in describing boundaries of property in plaint schedule, even after disposal of suit, for sub serving cause of justice...........
Criminal Procedure Code, 1973, Section 145(1), 146 -- Attachment of property - Pre-condition of order u/s 145(1) Cr.P.C. is mandatory - Impugned order nowhere records any ground of satisfaction that there exists a dispute which is likely to cause breach of peace concerning any land or water or the boundaries thereof - Order most cryptic and hardly fulfills the statutory..........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Entitlement - Highly reliable and convincing evidence adduced by plaintiffs in proof of their title in respect of schedule mentioned site - Defendant had admitted specifically in his evidence that property belonging to him is different - Held, law is well settled that if there is any inconsistency between..........
Transfer of Property Act, 1882, Section 106 -- Quit notice - Description of property - Door number specified - Boundaries not properly specified - Held, defendant could very well understood that plaintiff sought eviction only from the structure concerned - Held, termination notice is valid and is not bad for want of proper description of suit property...........
