Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for permanent injunction - Original patta was produced and proved by plaintiff - Commissioner report is on record which shows that Gali in question for ingress and outgress of plaintiff is left and no objection raised by defendant in regard to such report - Suit rightly decreed - Second appeal dismissed...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for permanent injunction - Right to use electric motor connection - Plaintiff purchased share in land alongwith share in electric motor connection from its previous owners - However, defendant claimed that previous owner had already relinquished their rights in said electric motor connection in her favour - As..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for permanent injunction - Concurrent findings of facts recorded by two Courts below that plaintiffs were not in possession of suit property - Counsel for plaintiffs failed to point out any question of law much less substantial question of law - No interference warranted in said concurrent findings - Second..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for permanent injunction - Concurrent findings of fact recorded by Courts below that plaintiff failed to show his ownership and possession over plot in question - Finding of fact is based on proper appreciation of evidence on record - Plaintiff rightly not entitled to decree for permanent injunction - Second..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for permanent injunction - Concurrent finding of Courts below with regard to possession of defendants over suit property - Plaintiffs failed to point out any question of law much less substantial question of law - Suit rightly dismissed...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for declaration and permanent injunction - Concurrent findings of two Courts below with regard to fact that disputed Gali was common - Plaintiff failed to point out any question of law much less substantial question of law - Second appeal dismissed...........
Civil Procedure Code, 1908, Order 7, Rule 11, Partnership Act, 1932, Section 69(2) -- Rejection of plaint - Suit for declaration and injunction - Sale transaction in question not arising out of business of firm - Suit is for enforcing right of avoidance of a document on the ground of fraud and misrepresentation and also the statutory right of seeking declaration and..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for mandatory injunction - Removal of construction - Property in question is joint - Proceedings were pending before Consolidation authorities and no attempt was made by plaintiff to get their shares demarcated - At no point plaintiff ever sought relief of partition - Even, in absence of substantive relief and..........
Civil Procedure Code, 1908, Section 9, Wakf Act, 1995, Section 83, 85 -- Jurisdiction of Civil Court - Waqf property - Civil suit for permanent and mandatory injunction - Property admitted to be Waqf property - Question as to the nature of Waqf and whether plaintiff is a beneficiary of Waqf also arising in the suit - Held, it is Waqf Tribunal which has jurisdiction to..........
Civil Procedure Code, 1908, Section 41 -- Remand - Suit for permanent injunction - Appellate Court remanded the matter back to trial Court on the ground that trial Court had not recorded specific conclusion with regard to plot in question - However, judgment of trial Court reveals that categorical finding has been recorded in it with regard to ownership and possession of..........
