Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for specific performance filed by plaintiffs regarding land which was going to be allotted in acquisition proceedings as a compensation - Provision of S.42 of Rajasthan Tenancy Act is not applicable in the proceedings - Application U.O.7.R.11 CPC rightly dismissed...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Co-owners - No pleading with regard to any construction activity initiated by defendants in suit land - Only repair work undertaken by defendant - Does not amount to destruction or damage to joint property - Status quo order rightly set aside - Plaintiff can seek amendment of plaint and to add a..........
Possession -- Person in possession of land in assumed character as owner and exercising peaceably ordinary right of ownership has a legal right against entire world except rightful owner...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Demarcation of land would help in effective adjudication of the issue and would not cause any prejudice to either side - Nothing on record to suggest that appointment of Local Commissioner would result in creation of evidence in favour of plaintiff - Application allowed...........
Specific Relief Act, 1963, Section 38, 39 -- Permanent and mandatory injunction - Restraining defendant from raising any construction on the house of plaintiff - Plaintiff himself had raised construction on area exceeding the land owned by him - It was for plaintiff to prove the extent and boundaries of his land and that he had confined his construction within such..........
Court Fees Act, 1870, Section 7(IVA) -- Court fee - Suit for cancellation of registered sale deed - Property in question is agricultural land - If any deed of transfer has been executed and registered in respect of an agricultural land a suit for cancellation of such instrument is filed, it will be valued on basis of land revenue and not on basis of consideration money or..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendant from raising construction on entire suit land - Plaintiff has no claim on entire suit land - By way of resumption proceedings, plaintiff is claiming only a share therein - Plaintiff thus, can resume part of suit land - He cannot be said to have a prima facie case for injuncting..........
Transfer of Property Act, 1882, Section 111 -- Determination of lease - Land in question was leased to religious, educational and other institutions - Celebrating a religious function in said land on a day does not amount to use by lessee of said land for a purpose other than that for which property was leased - Determination of lease by forfeiture, is not proper...........
Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, Section 24(2) -- Acquisition of land - Lapse of proceedings - Twin conditions of not taking over possession and not tendering/paying the compensation are required to be satisfied - If one of the conditions is not satisfied, there shall not be lapse of the acquisition..........
Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, Section 24(2) -- Acquisition of land - Lapse of proceedings - Possession of land in question alongwith other lands were taken over and handed over to DDA - It cannot be said that petitioners are in possession of land in question or at relevant time possession was not..........
