Limitation Act, 1963, Article 58 -- Suit in 1971 on the basis of Will for declaration to be owner and permanent injunction against defendant not lo interfere in possession - Mutation of inheritance sanctioned in favour of defendant in 1960 and possession recorded for the first time in jamabandi 1965-66 - Possession of defendant, even if taken from back date of sanctioning..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Suit by U and J for declaration that plaintiff U in possession of land and for permanent injunction restraining defendants from interfering in peaceful possession of land - Averments in written statement that J who was in possession of land on application by defendants under Punjab Security of Land..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 13 -- Bar of jurisdiction of Civil Court - Two ingredients must be satisfied : (i) suit should be for exclusion of land from shamilat deh, and (ii) suit should have been filed against Gram Panchayat - Suit for permanent injunction by plaintiff claiming himself to be owner of suit property - Plea of defendant in..........
Injunction - - Plaintiff not required to specifically claim a declaration of his title to property or right to remain in its possession - Such a relief always deemed to be included in prayer for a permanent injunction...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Plaintiff in a suit for permanent injunction restraining defendant from dispossessing him forcibly claiming himself to be in possession as a tenant and entitled to continue as such till evicted in accordance with law - Defendant held to be entitled to restoration of possession by Sessions Judge under Section 145 Criminal..........
Dohli -- Not a permanent tenure - Moment Dohlidar fails to render requisite services for which Dohli created - Dohli rights extinguished - Property reverts to original proprietors - Dharma's case 1976 P. L. J. 617 D. B. Followed - Baba Badri Dass's case 1981 P. L. J. 447 D. B. Distinguished...........
Haryana Canal and Drainage Act, 1974, Section 25 -- Suit in Civil Court for permanent injunction restraining defendant from digging any Khal in the land of plaintiff - Finding that Khal sanctioned by Canal Authorities - No civil suit in respect of dispute regarding Khal would lie in view of bar contained in Section 25 - Jurisdiction of Civil Court to entertain suit -..........
Injunction - - Suit for perpetual injunction restraining Gram Sabha from dispossessing by force plaintiff (occupying land as a statutory tenant) otherwise than in due course of law - Gram Sabha pleaded : (i) lease in favour of plaintiff expired by efflux of time, (ii) had no right to retain possession, and (iii) estopped from suing - Land did not vest in Gram Sabha but..........
Haryana Ceiling on Lands Holdings Act, 1972, Section 5A - - Question of eligibility of Institution to exemption - Institution neither a registered trust nor covered by any of the statutes mentioned in second proviso to Section 5-A - Falls under clause (v) of Explanation to Section S-A - Determination whether Institution a religious place of public nature - Keeping of..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 13 - - Civil suit for permanent injunction against Gram Panchayat transferred to Court of Assistant Collector - Assistant Collector required to decide the case as a Revenue Court by broadly following principles of Civil Procedure Code in accordance with provisions of Section 88 Punjab Tenancy Act - Failure to do..........
