Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for possession, permanent injunction and recovery of plot - Defendant sought impleadment of Sub-Registrar and additional Collector for the purpose of determining the validity of documents produced on the basis of which plaintiff had purchased the disputed property - However, no relief is sought..........
Specific Relief Act, 1963, Section 6 -- Suit for recovery of possession - In a suit u/s 6 of the Act, title for ownership in regard to property in question is not to be adjudicated...........
Specific Relief Act, 1963, Section 6 -- Suit for recovery of possession - In the suit only two issues are to be decided viz. whether plaintiff was in possession of suit property and whether plaintiff was dispossessed from the property in question by force without adopting due course of law...........
Specific Relief Act, 1963, Section 6, Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party in a suit for recovery of possession u/s 6 of Specific Relief Act - Petitioner claiming himself to be co-sharer of the property in question and claiming to be in joint possession and joint ownership of property - This plea is not tenable taking into consideration..........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Property has been partitioned in view of subsequent development and instrument of partition has been prepared - There is severance of status between co-sharers - Co-sharers are entitled to take possession in implementation of instrument of partition - Prayer for injunction thus, become infructuous...........
Limitation Act, 1963, Article 65 -- Suit for declaration and recovery of possession - When in a suit for declaration of title, a further relief is claimed in addition to mere declaration, relief of declaration would only be an ancillary one and for the purposes of limitation, it would be governed by the relief that has been additionally claimed - Further relief claimed in..........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Plaintiff failed to prove his possession over the suit property as tenant - He is thus, not entitled to decree of permanent injunction...........
Specific Relief Act, 1963, Section 39 -- Mandatory injunction - Directing defendants to hand over the possession of land - Defendants utilized the land for construction of road way back in the year 1980 - Witnesses of defendants admitted that no consent was procured from plaintiffs before construction of road in their presence - Defendant/State is bound to pay the..........
Specific Relief Act, 1963, Section 39 -- Suit for mandatory injunction against State - Limitation - Since State cannot take plea of adverse possession therefore, plea of limitation cannot be taken by State - Suit not barred by limitation...........
Specific Relief Act, 1963, Section 34 -- Suit for declaration of title and recovery of possession after evicting defendants - In a suit for ejectment based on title, it was incumbent on the part of Court to record a finding on the claim of title to suit property - Court is also bound to enquire or investigate that question on first before going into any other question that..........
