Adverse possession -- Plaintiff could not establish that his adverse possession commenced from a particular date - There was no foundation for the plea of adverse possession in the plant itself - Plaintiff failed to prove his plea of adverse possession - Suit for declaration on the basis of adverse possession rightly dismissed...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Order 43, Rule 1(r) -- Ad interim injunction - Appeal - Order declining ad interim injunction passed after hearing parties - Appeal against such an order is maintainable U.O.43.R.1(r) CPC...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Order 43, Rule 1(r) -- Order declining ad interim injunction - Appeal - If Court just gave notice of application U.O.39.Rr.1, 2 CPC to other party without expressing any opinion declining the ad interim injunction then appeal is not maintainable...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, 3 -- Ad interim injunction - Any order granting or declining injunction cannot be passed U.O.39.R.3 CPC independently of O.39.Rr.1, 2 CPC...........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Once a person is in old settled possession of the property, he certainly cannot be evicted by force or illegally except by due process of law...........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Once a person is in old settled possession of the property, he certainly cannot be evicted by force or illegally except by due process of law...........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - In a suit where plaintiff pleads his lawful or peaceful possession over the suit property and his possession is interfered with or threatened by the defendant, plaintiff is required to establish his possession and as such has right to protect his possession against such unlawful interference...........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - In a suit where plaintiff pleads his lawful or peaceful possession over the suit property and his possession is interfered with or threatened by the defendant, plaintiff is required to establish his possession and as such has right to protect his possession against such unlawful interference...........
Revenue Court -- Cannot decide civil rights/title of parties - In case there is a dispute or question of title arises out and civil suit is pending for declaration of title and permanent injunction, then order passed by Civil Court will be binding upon revenue authorities...........
Revenue Court -- Cannot decide civil rights/title of parties - In case there is a dispute or question of title arises out and civil suit is pending for declaration of title and permanent injunction, then order passed by Civil Court will be binding upon revenue authorities...........
