Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for permanent injunction - Plaintiff claimed his absolute ownership on basis of patta issued in his favour - However, patta do not support the plaintiff's case as pleaded in the plaint and cannot be taken as an absolute document of title, particularly when said patta is neither registered document nor..........
Civil Procedure Code, 1908, Section 96, Order 41, Rule 31 -- First Appeal - High Court while deciding first appeal committed serious error in neither forming points for determination nor considering evidence on record, in particular which had been relied upon by trial Court - Impugned judgment of High Court is unsustainable and thus, set aside...........
Civil Procedure Code, 1908, Section 96, Order 41, Rule 31 -- Judgment of First Appellate Court - Non-consideration of evidence on record - Partition suit - High Court while deciding first appeal not considered the evidence on record - Suit was instituted in the year 1991, more than 3 decades ago - Evidence discussed by trial Court neither disputed nor demolished by..........
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..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Plaintiffs while filing suit has claimed decree of declaration that plaintiff no.1 is owner in possession of half share of suit property whereas plaintiff nos 2 & 3 together are owners of remaining half - Before Courts below neither any issue was framed on this aspect of the matter nor attention of Court was drawn..........
Civil Procedure Code, 1908, Section 9 -- Jurisdiction of Civil Court - Demand of additional electricity consumption charges in view of audit objection - Suit for declaration that audit objection is invalid and consequential injunction restraining defendants from claiming additional electricity consumption charges - As there is no alternative remedy of filing statutory..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for declaration of title and permanent injunction - Courts below found that plaintiffs failed to prove that suit land was given by original owner to their grandfather - Defendants on the other hand produced revenue documents in which defendant no.2 recorded as owner of suit property - Since plaintiffs were not..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for possession and permanent injunction - Defendants failed to prove that disputed rooms/shops were constructed by their father with the consent of plaintiff - No right was given to father of defendants to construct rooms over properties owned by plaintiffs - Therefore, in view of S.8 of T.P.Act, disputed..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for specific performance - Execution of agreement was disbelieved by both the Courts below and have noticed that agreement in question is suspicious - Moreover, plaintiff cannot be held entitled for specific performance of agreement considering his conduct of delay of 30 years and other attending circumstances..........
Civil Procedure Code, 1908, Order 22, Rule 9 -- Abatement of appeal - Death of plaintiff - Factum of death of plaintiff was not brought on record - Defendants came to knowledge of same only after receiving report of process server - Application U.O.22.R.9 CPC along with delay condonation application filed within time from the date of having knowledge of death - No..........
