Specific Relief Act, 1963, Section 38 -- Permanent injunction - Nature of suit property was proved to be abadi deh lying within lal lakeer - Possession of land within abadi deh/lal lakeer follows ownership - Even though possession of plaintiff over suit land may be unauthorized but that does not give any legal right to defendant to dispossess plaintiff or interfere in his..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - Suit land is abadi deh - Application was filed before framing of issues alleging interference by defendants on the suit land which was denied by defendants - Onus to prove the case lies with plaintiff to prove the fact - Application rightly rejected...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for declaration and permanent injunction - Disputed abadi was sold by means of sale deed - DW6 admitted that there is a dilapidated structure on abadi which corroborates the recital in sale deed that Malwa existed over sold land - Site plan also corroborates description of Abadi given in sale deed - Courts..........
Agricultural land -- An agricultural land could have been exchanged by an agricultural land as per S.53 of U.P Tenancy Act - In the instant case, plaintiff had got suit property in exchange of his plot which was entered as abadi but was subsequently by order of Consolidation Court changed into agricultural land - There was thus, no infringement of any provision of U.P..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for permanent prohibitory injunction - Suit property is appurtenant to residential abadi land of plaintiff and is used as their sehan - Plaintiff has not claimed a right based on easement but have merely said that if injunction is not granted, their easement would be violated - Possession of plaintiff over..........
Stamp Act, 1899, Section 47A -- (As amended by State of U.P) - Deficient stamp duty - Gift deed - Agricultural land was gifted by father-in-law in favour of petitioner - Revenue authorities have failed to bring on record any material to substantiate that any Abadi was existing nearby - It is admitted case of District authorities that it is an agricultural land - Gift deed..........
Specific Relief Act, 1963, Section 38, 39 -- Permanent and mandatory injunction - Restraining defendants from interfering in peaceful possession of suit property - Plaintiffs have not filed any document on record to establish that property described at the foot of plaint is disputed abadi land - Burden is upon plaintiff to prove said fact, however, he failed to do so -..........
Abadi land -- In the land falling in abadi of village, person in possession is presumed to be owner unless proved otherwise...........
Land Acquisition Act, 1894, Section 23 -- Acquisition of land - Compensation - Claim of allotment of developed abadi plot by landowners to the extent of 10% of their acquired land in terms of Gajraj and Savitri Devi's Case - Appellants/landowners have neither any legal right nor any factual foundation to claim relief of allotment of additional developed abadi plot - It is..........
Specific Relief Act, 1963, Section 38, 39 -- Co-shares - Suit for permanent and mandatory injunction - Restraining defendant/co-sharer from raising construction on suit land and also from blocking path - Joint land - Suit land is recorded as Abadi deh and jointly owned and possessed inter se parties - Evidence on record proved that defendant is trying to raise construction..........
