Specific Relief Act, 1963, Section 5, 34 -- Suit for confirmation of title and recovery of possession - Without seeking relief of declaration - Defendants denied title of plaintiff - Court below committed error in granting decree in favour of plaintiff without asking him for seeking declaration of title u/s 34 of the Act - Impugned order set aside - Matter remanded...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Subsequent events - Proposed amendments are in relation to events which have taken place after institution of suit and relate to the same subject matter - If amendments are allowed, defendants get a chance to file additional written statement to controvert and contest such averments and prayer - However,..........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - DW1 admitted that plaintiffs were in possession of suit property and that defendants were not in possession of same - Courts below were duly justified in granting a decree of permanent injunction restraining defendant from interfering in possession of plaintiffs over suit property - Suit rightly decreed...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Status quo order - Once suit for permanent injunction was decreed, defendants had been restrained from interfering in the possession of plaintiffs, operation of judgment decree rightly not stayed - However, once first appeal was under consideration of Court, proper way to deal with the matter was to pass an order directing..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for permanent injunction - Plaintiffs are title holder of suit land - Vendors of defendant admitted possession of vendor of plaintiffs over suit land in complaint case - Defendants thus, cannot claimed that they are in possession of suit land - Concurrent findings of Courts below that plaintiffs being title..........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Restraining defendants from recovering royalty from plaintiffs - Brick earth was declared as a minor mineral by a notification u/s 3(e) of Mines and Minerals Act - State Government thus, gets the right to levy royalty on the production and disposal of minor minerals - Once it is shown that under the Mineral..........
Civil Procedure Code, 1908, Order 1, Rule 3 -- Joinder of defendants - Where separate suits were brought against persons and common questions of law or fact arise, joinder of defendants may also be done...........
Civil Procedure Code, 1908, Order 2, Rule 3 -- Joinder of cause of action - Where causes of action are joined, it should exist against all the defendants joined as parties...........
Civil Procedure Code, 1908, Order 1, Rule 3A -- Separate trial - When joinder of defendants may embarrass or delay the trial of suit, separate trial is required...........
Hindu Law -- Joint Family property - Plaintiff miserably failed to prove ancestral nature of property - There is no evidence on record regarding property being owned by Joint Hindu Family - Plaintiff having no right in property sold by defendant No.6 in favour of defendants No.1 to 5 was not competent to maintain suit for possession...........
