Specific Relief Act, 1963, Section 34 -- Suit for declaration of title and recovery of possession - Defendant had trespassed and entered upon possession of property - Even in injunction suit filed by defendant, he had admitted that he had been in possession of 100 Sq.Ft of land in Schedule-A property as a lessee only - He had not whispered his occupation of Schedule-A..........
Specific Relief Act, 1963, Section 38, 39 -- Permanent and mandatory injunction - Revenue records reflected joint ownership of suit land - Defendant admitted family settlement and plaintiff's exclusive possession of portion of suit property - Defendant's unambiguous acknowledgement of family arrangement carried decisive weight in upholding plaintiff's claim - Courts below..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for permanent injunction - Whether plaintiff is signatory to agreement and whether plaintiff handed over physical possession of land in question to defendants, is a question of fact which cannot be gone in while considering application for rejection of plaint - Application rightly rejected...........
Hindu Adoptions and Maintenance Act, 1956, Section 19, 22 -- Maintenance to widowed daughter-in-law and to her minor children - Widowed daughter-in-law unable to maintain herself and is also unable to receive any maintenance from her parents - Daughter-in-law is unable to provide proper education to her children - Moreover, respondents have neither given to daughter-in-law..........
Civil Procedure Code, 1908, Order 39, Rule 7 -- Commissioner - Neither it is open to Commissioners to record any finding with regard to possession of suit land nor to record statements of witnesses to ascertain as to which of party is in possession of suit land - However, Commissioner is well within his jurisdiction to submit a report as regards physical features existing..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Injunction against dispossession - Plaintiff being real owner is seeking injunction against his dispossession without prima facie showing that he is in possession of portion of suit land - Proper course for plaintiff is to file a suit for possession or mandatory injunction against defendants who are..........
Specific Relief Act, 1963, Section 6 -- Suit for recovery of possession - Trial Court while taking into account evidence on record decreed suit but could not come to a specific finding to the effect that plaintiff was in possession of suit land on the date on which it was alleged that defendants entered into suit land - Taking into account that proceedings are summary in..........
Commercial Courts Act, 2016, Section 2(1)(c) -- Commercial dispute - Merely because parties, who have entered into an agreement to sell, relating to immovable property are businessmen by profession or that they intend to use land, which is subject matter of agreement to sell for commercial purpose in future, does not make a dispute arising between parties as a commercial..........
Indian Penal Code, 1860, Section 323, 341 -- Offence u/ss 323, 341 IPC - Prosecution able to prove that while PW1/injured was coming from land holding beam, petitioner obstructed him and assaulted him by means of a thenga causing bleeding injury on his head and chest - Commission of offence in question proved - Conviction upheld...........
Civil Procedure Code, 1908, Order 39, Rule 7 -- Appointment of Pleader Commissioner - Dispute lies regarding use and utility of suit land either for cultivation purposes or having a school over the same - Petitioner denied claiming that there is no school building - Appointment of Commissioner is the right way to deal with the situation - For deciding an application for..........
