Specific Relief Act, 1963, Section 39 -- Mandatory injunction - Encroachment - Plaintiff failed to establish alleged encroachment by defendant - Though plaintiff contended that defendant encroached upon his property in the year 2005, inaction by plaintiff in taking any steps against defendant would go to show that said contention is false - Considering evidence of PW1 and..........
Registration Act, 1908, Section 17(b) -- Registration - Compromise decree - Order of Court/decree which extinguishes rights, title or interest is required to be compulsorily registered - Right course thus, open for Civil Judge was to decree the suit and send a copy of decree for registration to Sub-Registrar u/s 17 of the Act - Sub-Registrar, if deemed necessary, can take..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Disputed ownership or title cannot be determined in an interlocutory application until and unless applicant provides clear and irrefutable evidence of ownership and possession of suit property...........
Civil Procedure Code, 1908, Section 151 -- Additional evidence - Documents are material for determining title and possession of disputed property - Documents are official records and rejection of application has resulted in failure to consider documents crucial for adjudication of real controversy - Documents are not voluminous nor would their production prejudice..........
Limitation Act, 1963, Article 65 -- Limitation - Suit for declaration that sale deed in question is null and void - Plaintiff had claimed relief of joint possession - Sale deed in question was void - Plaintiff could not be said to have executed sale deed - Therefore, plaintiff could indeed have maintained an action to obtain possession of property on the basis of her title..........
Rent and Eviction -- In a suit for eviction, proof of ownership of tenanted premises is not to be strictly looked at as in a suit for declaration of title...........
Specific Relief Act, 1963, Section 38 -- Suit for permanent injunction simpliciter - Maintainability - Where question of title is not in dispute then suit simpliciter for permanent injunction is maintainable...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for specific performance - Petitioners claimed that prior agreement to sell was executed in their favour before execution of present agreement to sell - Certain portions of land are also stated to have transferred to them by way of different sale deeds - Some litigation is stated to be pending..........
Adverse possession -- One who holds possession on behalf of another, does not by mere denial of other's title, make his possession adverse so as to give himself the benefit of statute of limitation...........
Co-owners -- Plea of ouster - In the case of an ouster of a co-owner, it must be brought to knowledge of co-owner concerned, that his rights are invaded in open assertion of a hostile title...........
