Civil Procedure Code, 1908, Section 100, Specific Relief Act, 1963, Section 37 -- Second appeal - Suit for permanent injunction - Encroachment of public street - Aks-sijrs not proved on record to establish possession whereas, document brought on record on behalf of plaintiff does not prove any encroachment - It is not establish that who had been in actual physical..........
Revenue record -- Possession of land which admittedly is a joint khata in revenue records, does not confer ownership on the person who is in possession of a particular piece of land irrespective of share which he is entitled to - A party is entitled to respective share as per their proportion and would be declared owner of a particular piece of land, which may fall in..........
Adverse possession -- No specific date on which possession became adverse possession alleged in plaint - To succeed in a claim based on adverse possession, plaintiff has to specifically aver date wherefrom his possession was open and hostile and it continued as such for continuous period required for perfecting rights thereby...........
Adverse possession -- Claimed relying upon an entry of class 9 made in the year 1966 by Lekhpal - Such entry in Class 9 not made in accordance with procedure prescribed therefor in the Land Records Manual - Entry not made in red ink - Neither issuance of notice in PA 10 to the recorded tenure holder been established - Entry of Class 9 in Revenue Record rightly ignored...........
Adverse possession -- Claim based on adverse possession cannot be raised by plaintiff - It is merely a defence which can be used as a shield by defendant - Suit filed by plaintiff on the basis of adverse possession is not maintainable...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Question of possession is a disputed question of fact which cannot be disturbed while exercising power u/s 100 CPC, until and unless findings given by Courts below are perverse...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Eviction petition - Amendment of written statement - Tenant sought amendment to incorporate the facts that during pendency of eviction petition landlord acquired vacant possession of a premises and thus bona fide necessity as pleaded does not survive - However, amendment sought at belated stage, as evidence of parties stand..........
Civil Procedure Code, 1908, Section 92, 93, Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959, Section 5(e) -- Suit for possession of trust properties - Maintainability - Institution in question is a Hindu religious institution and endowment, having regard to duties discharged by it and intentions of propounder of trust - Temples were established for..........
Kerala Abkari Act, 1977, Section 8(2), 63 -- Recovery of liquor - Reduction of sentence - Accused found to be in possession of 4.5 liters of arrack in plastic can and 3.750 liters of Indian made Foreign Liquor - Such possession is illegal and in violation of the Act - Accused is in custody for about 35 days - Having regard to gravity of offence and quantum of liquor..........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration and permanent injunction - Plaintiff proved to be in possession of property - However, bother-in-law of father of plaintiff is trustee of property and he would be entitled to administer the property as per last wishes of father of plaintiff - Plaintiff thus, has no interest in suit property - Since trustee..........
