Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - Demarcation of property - Suit for possession and mandatory injunction - Prima facie there does not appear to be any dispute regarding demarcation of land, as suit simpliciter is for possession and mandatory injunction - It is for plaintiff to prove his case and she cannot take the aid of..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for mandatory injunction - Encroachment - Plaintiff never applied for demarcation or got her land demarcated - Defendant got the land demarcated and husband of plaintiff had admitted such demarcation to be correct - Courts below rightly concluded that since plaintiff never applied for demarcation of land and..........
Specific Relief Act, 1963, Section 38, 39 -- Permanent and mandatory injunction - Encroachment - No evidence on record brought by plaintiff to prove that there was encroachment at the instance of defendants except self serving statement of plaintiff - Demarcation report is of the year 2005 and no explanation has come forth in filing suit in the year 2010 - It cannot be..........
Specific Relief Act, 1963, Section 38, 39 -- Permanent and mandatory injunction - Encroachment made by defendant by raising construction - Plaintiff successfully proved that defendant encroached upon suit land and thereafter raised construction over same, during pendency of trial - Demarcation report submitted by Local Commissioner proves on record encroachment made by..........
Specific Relief Act, 1963, Section 38, 39 -- Suit for demarcation, permanent injunction and mandatory injunction - Plaintiff has no right in suit property - Defendant is owner of property purchased from plaintiff`s sister - Relief of demarcation, permanent injunction and mandatory injunction not granted to plaintiff - Suit dismissed...........
Specific Relief Act, 1963, Section 39 -- Mandatory injunction - Removal of blockage caused by raising construction over a path in question - No evidence on record to prove that by raising such construction width of path will be reduced - No demarcation report placed on record by plaintiffs showing the precise portion on record encroached by defendants - Omission of said..........
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...........
