Specific Relief Act, 1963, Section 34, 37, 38 -- Suit for declaration and injunction - Appellant purchased land comprised in a particular survey number - Respondent purchased land comprised in another survey number adjoining appellants land - Allegation that respondent encroached into appellant's land - Appellant in possession of land more than measurement stated in survey..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local commissioner - Suit for injunction - Encroachment of property and its boundary in dispute - Local commissioner can be appointed for measurement of property and to demarcate the boundaries of the property - However, Local Commissioner cannot go into question as to who is in possession of the property...........
Consumer Protection Act, 1986, Section 2(1),(g),14(1),(d) -- Plot allotment - Deficiency in service - Compensation - Delay of seven years in delivering possession of allotted plot due to encroachment - Held that OP has been guilty not only of deficiency in service but also of atrocious and callous behaviour towards the complainant - 18% interest allowed on the deposited..........
Criminal Procedure Code, 1973, Section 197 -- Public servant - Prosecution - Previous sanction - Appellant duty Magistrate deputed to clear encroachment - In course of discharge of duty to control mob he ordered opening of firing resulting in death of one person and injuring two others - Order of opening fire was in exercise of power conferred upon him and duty imposed..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendant from raising any construction towards western side of house of plaintiff and directing defendant to remove encroachment raised by him - Plaintiff proved that there was street on western side of his house - Report of Local Commissioner, prima facie, established that defendant..........
Rajasthan Colonisation Act, 1954, Section 22, 24 -- Bar of civil suit - Encroachment of Govt. land - A.M.D. of District passing order for removal of the same - Suit for permanent injunction claiming title on ground of adverse possession - Suit is not barred - Determination of suit claim is outside purview of summary mode of eviction under S.22 - Power and procedure under..........
Specific Relief Act, 1963, Section 37, 38 -- Site plan - Sanctioned by Municipal Committee - It does not give rise to presumption that the site belongs to a particular person - If plaintiff fails to establish the acquisition of title with respect to the site in dispute and has managed the sanction of the site plan by wrong representation, the Committee has the right to..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Restraining Committee from demolishing until allegation of encroachment complained of by adjacent site owner is established and decree for vacating alleged encroachment is obtained - Held, authority cannot proceed with demolition of construction unless substantial question with regard to encroachment has been decided by..........
Haryana Urban Development Authority Act, 1977, Section 13 -- Encroachment on open spaces and public land - Removal of - Section 13 empowers competent authority to remove encroachments from open spaces and public land...........
Civil Procedure Code, 1908, Order 18, Rule 17 -- A - Additional evidence in a suit for mandatory injunction against alleged encroachment of certain portion of property in dispute - Evidence of parties already recorded - Copy of demarcation report of a later date - Could not be produced with due diligence - Allowed to be produced as additional evidence...........
