Specific Relief Act, 1963, Section 6, Limitation Act, 1963, Article 64 -- Suit for possession on the basis of title and also prior possession - In order to defeat claim of plaintiff on the basis of prior possession - Defendant bound to prove right and title to property - Failure of defendant to prove any right or title to property - Defendant cannot legally interfere with..........
Limitation Act, 1963, Article 64, Specific Relief Act, 1963, Section 6 -- Suit for recovery of possession based on prior possession within 12 years - Maintainable - Title need not be proved by plaintiff unless defendant can prove one - Suit based on prior possession without proof of title - Maintainable against a person having no title to property...........
Specific Relief Act, 1963, Section 6 -- No provision in Code of Civil Procedure providing that possession can be recovered only by a person who has a title to the property - Possession by itself a substantive right recognised by law and has legal incidents attached to it apart from ownership - Section 6 provides summary remedy to person dispossessed of immovable property..........
Punjab Land Revenue Act, 1887, Section 116 -- Naqsha Bey altered drastically without recording consent of all the parties concerned - No evidence on record about consent of parties to changes in Naqsha Bey - Partition not yet given effect to - Set aside - Naqsha Bey should be prepared afresh after hearing all parties concerned and keeping in view existing possession of..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment as a party in a suit for permanent injunction to restrain certain private individuals from interfering into possession of plaintiff-Society - Basically a suit against private individuals - From nature of pleas asserted by applicant-Society and reply filed by plaintiff-Society clear that some controversy about..........
Contempt of Courts Act, 1971, Section 12, 2(b) -- Civil contempt - In utter violation of order of status quo passed by Division Bench of High Court, private respondents took forcible possession of land with active connivance of official respondents - Objection by some of the respondents that they were not party to writ petition in which stay granted - Not tenable - Not..........
Civil Procedure Code, 1908, Order 39, Rule 1 -- Trespasser - Defendant in possession immediately before filing of the suit - No legal documents or valid reason shown as to on what basis the plaintiff took over the possession - Interim injunction refused by trial Court - Held, Courts do not protect the possession of a trespasser against true owner - Order of trial Court..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Injunction in favour of a trespasser or a person who gained unlawful possession - Cannot be granted as against true owner...........
Civil Procedure Code, 1908, Section 47, 2(2), 2(9), Order 34, Rule 7, 8, 9 - - Suit decreed as prayed for with a direction that plaintiff can execute decree only after deposit of sale consideration proved to have been received by him while executing the document (sale deed) and for this purpose allowed 3 months time - Execution of decree after deposit of amount - Objection..........
Possession -- Decided on preponderance of evidence...........
