Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Temporary injunction - Encroachment - Court below on basis of report of Mauka Commissioner and while considering other material available on record, has reached to prima facie conclusion that comparative measurements of land purchased by plaintiff and measurements of patta issued in favour of `R' from whom..........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Plaintiff must prove the boundary as well as the existence of property for claiming relief of permanent injunction - However, documents shows that property available is only to an extent of 1 acre and not 1 acre 5 guntas - Relief rightly granted to the extent of 1 acre of land...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Co-sharers - Plaintiffs and defendants are joint owners in possession over suit property and nobody has been shown to be in exclusive possession over suit land - Possession of one co-sharer is possession of all in the eyes of law - So even, if defendants raise construction over some portion, it will..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Cannot be granted against owner of land on the basis of registered sale deed executed after full consideration having been paid for the same...........
Transfer of Property Act, 1882, Section 106 -- Eviction - Denial of title of Landlord - Tenants admittedly in possession and occupation of land under lease granted by respondent - There is no other party that has claimed title to property in question and issue of any other title holder paramount does not arise in the case - It does not lie for a lessee to question the..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and minor son - Husband owns three acres of land - He has moral obligation to maintain minor son and wife - Wife is entitled to lead her life as per status of her husband - Maintenance granted to the tune of Rs.6000 to wife and her minor child is proper...........
Specific Relief Act, 1963, Section 37, 38 -- Injunction - Plaintiffs specifically asserted in plaint that a notice was served upon them to vacate the possession - It shows that plaintiffs were not being dispossessed forcibly - Therefore injunction could not have been granted to the plaintiffs on the plea that a trespasser cannot be ejected from the land in his/her..........
Transfer of granted land -- Resumption/restitution - Father of respondent was granted land in 1957 and thereafter land was sold many times - Respondent attained age of majority in the year 1989, 10 years after the passing of Act of 1978 - However, respondent took no steps to seek annulment of sale made by his father in the year 1964 - Appellant is fourth in line of..........
Civil Procedure Code, 1908, Order 7, Rule 11, Rajasthan Tenancy Act, 1955, Section 207 -- Rejection of plaint - Suit for declaration, correction in the revenue record, partition and permanent injunction - Agricultural lands - Ancestral properties - S.207 of Act of 1955 provides that cognizance of any suit or application qua which relief could be granted by a Revenue Court..........
Agreement to sell -- Specific performance - Plea of hardship - Defendant has a total of 30 bighas of agricultural land located in more than one village - It is not the defendant's case that in the event of specific performance being granted, he would become landless or that his livelihood would be effaced - If a decree of specific performance is passed, defendant would..........
