Civil Procedure Code, -- Interim injunction restraining defendants from interfering in peaceful possession of plaintiff over suit land - Plaintiff claiming that Wakf Board had leased suit land in his favour - In earlier suit by father of plaintiff suit land alleged to be a grave-yard and Wakf Board gave undertaking before Court that it would not alienate suit land in any..........
Haryana Municipal Act, 1973, Section 246 -- Title to land settled by Civil Court - Deputy Commissioner cannot sit in judgment over decision of Civil Court and by - pass the same - Has no power in law or otherwise to go into validity of decree passed by Civil Court and come to a conclusion contrary to the one arrived at by Civil Court - Once title of vendor of petitioners..........
Civil Procedure Code, 1908, Section 114, 151, 152, 153, Order 47, Rule 1 - - Enhanced compensation in land acquisition case because of subsequent judgment of High Court - Claimant not entitled to relief under Section 114 or Order 47 Rule 1 - Only remedy available to claimant - To file appeal against order of High Court - Cannot seek relief by moving application under..........
Civil Procedure Code, 1908, Section 114, 151 -- Application seeking review of order disposing of appeal and cross-objections, claiming enhanced compensation and other benefits and further prayer to be allowed to make up deficiency in Court-fees - Applicant not entitled to enhanced compensation under Section 28-A Land Acquisition Act as same not applicable because applicant..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Suit claiming share in property of deceased along with defendants - Resisted on the ground that plaintiff not the daughter of deceased and therefore suit not maintainable - Amendment seeking to add that suit land joint Hindu family ancestral and coparcenary property and plaintiff has no share..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Injunction against co - sharer from raising construction over land in his exclusive possession when partition had not taken place - Raising of construction on old Chhappar within Gher constructed about 20 years back and which had fallen down - Not to be injuncted - Plea that since parties were joint owners in possession..........
Land Acquisition Act, 1894, Section 4(1) -- Potentiality of acquired land to be developed into an urban land - Higher compensation cannot be awarded to those whose land abuts the main road...........
Land Acquisition Act, 1894, Section 4(1) -- Acquisition of large chunks of land - When no sales of comparable land is available, even land transactions in respect of smaller extent of land could be taken note of as indicating the price that it may fetch in respect of large tracts of land by making appropriate deductions...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - The stand taken in the original written statement that the defendants had purchased the suit land - Amendment sought to take the plea that they had inherited property by virtue of a will - Delay of 5 years - Not explained - Application dismissed...........
Civil Procedure Code -- Amendment of written statement in appeal - Stand in original written statement that defendants purchased suit land whereas by proposed amendment stand taken that defendants inherited suit land by virtue of Will - Not a case of explaining an admission in written statement - Substantial delay of more than 5 years in filing application for amendment -..........
