Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Suit for declaration and injunction - There is contradiction in maps mentioned in sale deed and map annexed with application - Defendant failed to prove that sale deed is null and void - In sale deed there is clear cut demarcation of suit land - Findings of Subordinate Courts neither..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for permanent prohibitory injunction - Suit property is appurtenant to residential abadi land of plaintiff and is used as their sehan - Plaintiff has not claimed a right based on easement but have merely said that if injunction is not granted, their easement would be violated - Possession of plaintiff over..........
Specific Relief Act, 1963, Section 38 -- Suit for permanent injunction - PWs and DWs both stated that originally plaintiff was in possession of land - Although defendants disputed the plaintiff's claim, but they failed to plead and prove as to when did they enter into possession of land and what was the nature of their possession - Suit rightly decreed by First appellate..........
Specific Relief Act, 1963, Section 38 -- Injunction - Restraining defendant from interfering in the possession of plaintiff - Defendant claiming easementary right of access through the suit land so as to approach and cultivate their respective lands - Not only the vendor of plaintiff but adjoining owner of fields of plaintiffs and defendants have clearly deposed about use..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Sufficient reason for wife to stay separately from her husband - Wife averred and established that she is totally dependant upon her parents for her daily expenses - Husband owner of two acres of land and he has mentioned his annual income to be Rs.20,000/- - Husband an able bodied person and it cannot be..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - Case of plaintiff is that defendants are interfering in his possession of suit land - Onus of same is upon plaintiff to lead cogent evidence and prove his case - Said onus cannot be done away with by preferring an application U.O.26.R.9 CPC - Moreover, three opportunities were granted to..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - To elucidate how much and in what manner defendants have occupied suit land - Suit for permanent prohibitory injunction - Burden of proof was upon plaintiff to establish his case to make sure about his boundary - Plaintiff should have obtained a demarcation from revenue authority to..........
Court Fees Act, 1870, Section 7 -- Court fee - Suit claiming liquidated compensation on account of use and occupation of suit land - Ad valorem Court fee is payable on the amount sought to be recovered from the defendants...........
Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, Section 24(2) -- Acquisition of land - Lapse of proceedings - Amount of compensation deposited in Treasury instead of Court does not invalidate acquisition - Even, possession was already taken over - Order holding land acquisition proceedings lapsed set aside...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for declaration of title and permanent injunction - Courts below found that plaintiffs failed to prove that suit land was given by original owner to their grandfather - Defendants on the other hand produced revenue documents in which defendant no.2 recorded as owner of suit property - Since plaintiffs were not..........
