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...........
Specific Relief Act, 1963, Section 39 -- Mandatory injunction - Specific extent of encroachment - Distinctively not stated - Decree for mandatory injunction cannot be passed...........
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 39, Rule 1, 2 -- Temporary injunction - Encroachment - Removal - Plaintiff directed to remove his encroachment from disputed land in ejectment proceedings - Appeal not preferred against such an order - Plaintiff failed to prove prima facie case - Injury likely to be caused by ejectment of plaintiff was taken care of by State by offering..........
Specific Relief Act, 1963, Section 37, 38, 39 -- Public road - Encroachment - Plaintiff need not to show any special damage to him in order to obtain relief from Court for restraining defendant from making construction by way of encroachment and also for mandatory injunction to remove the existing construction which was an encroachment...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Street - Encroachment by plaintiff - Held, an encroacher has no right to seek temporary injunction against Gram Panchayat...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Encroachment on road - Report of Local Commissioner that plaintiff has encroached 5 feet street land in front of his house - Held, interim injunction rightly denied to him...........
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..........
