Evidence Act, 1872, Section 36, 60 -- Encroachment - Proof - In case there are undisputed boundaries then encroachment is a matter of fact - Fact of encroachment also could be a matter of oral evidence, if the admitted boundaries are destroyable, and have been destroyed in presence of witness by the party making the encroachment...........
Evidence Act, 1872, Section 36, 60 -- Encroachment - Proof of extent of encroachment - Cannot be proved in absence of public records...........
Evidence Act, 1872, Section 36, 60 -- Encroachment - Fact and extent of encroachment - Cadesteral Surveyor has to first ascertain the boundary marks and boundaries of undisputed and unencroached area of the land, based on undisputed boundary marks, as seen in the public record, and thereafter measure the extent of encroachment - If such report of the Commissioner is..........
Evidence Act, 1872, Section 36, 60 -- Encroachment - Proof and extent - Court Commissioner not adopting a correct procedure - Suit not to be dismissed merely on this ground - Court to get it re-measured according to rules again and again, if necessary as failure of Cadesteral Surveyors is not attributable to parties to the suit...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Plaintiff non-suited in a suit for injunction when trial court found that he has made encroachment - Plaintiff sought to produce demarcation report in appeal - Demarcation report suffered from procedural infirmities - Report obtained to fill up lacuna - Report did not establish title..........
Lambardar -- Appointment - Encroachment of Shamlat land - Sole reason to deny appointment of petitioner on this ground - Order passed without verifying this fact - Order is unfair or perverse - Impugned order set aside - Case remanded back for decision afresh on merits...........
Punjab Village Common Lands (Regulation) Act, 1961, Section 7 -- Encroachment of Panchayat land - Allegation by Gram Panchayat that petitioner had made encroachment over the passage - Collector appointed Local Commissioner for demarcation who found that there was no encroachment - Application of Gram Panchayat dismissed by Collector - In appeal Commissioner remanded the..........
Specific Relief Act, 1963, Section 38, 39 -- Public pathway - Illegal encroachment - House of plaintiff abutting on public pathway - Plaintiff is entitled to make use the pathway which is in front of his house - Plaintiff being the aggrieved person is entitled to seek mandatory injunction...........
Shop-cum-Flat site -- Deficiency in service alleged on the ground that the encroachment at the site was not got removed - Letter of allotment showed that the site was offered in open auction for sale on as is where is basis' - In the brochure/advertisement for sale of the site in question, the respondent authorities seem to have not undertaken to remove the encroachment in..........
Criminal Procedure Code, 1973, Section 197 -- Appellant prosecuted for removal of tea stall - Appellant a public servant and while discharging the official duty removed the encroachment under the orders of competent authority - Appellant is protected u/s 197 Cr.P.C. - Order of cognizance rightly set aside in revision...........
