Specific Relief Act, 1963, Section 38 -- Permanent injunction - Plaintiff failed to produce any cogent evidence on record to establish his actual physical possession over suit property - There is thus, no documentary evidence available on record to show possession of plaintiff - No doubt, some witnesses have orally deposed in support of plaintiff, but mere oral deposition..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 50 bags of poppy husk - Identity of accused - Accused fled away from the spot and was not arrested from the spot along with contraband - However, no test identification parade was conducted to ascertain the identity of accused, as PW6/ASI expressed his ability to identify accused as he knew..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for possession - Plaintiff failed to prove title of his vendor - He has also failed to prove that in the year 1967, defendants forcibly made opening in their western wall and took possession - Houses of defendants were located nearby as memorandum of partition - Water pipes/channels/outlets of defendants house..........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration of title and permanent injunction - Title of plaintiff over suit property not proved - However, oral and documentary evidence discloses settled possession of plaintiffs from 1968 onwards - Relief of permanent injunction rightly granted even though declaratory relief is not granted...........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Third party objections - Eviction decree - Petitioner claimed to be transferee of property by a tenant who was ousted by decree of eviction - Title of decree holder is not disputed by petitioner - Documents produced by petitioner do not give any conclusive proof of title to sustain possession of petitioner so as..........
Rent and Eviction -- Tenant who once entered property in question lawfully continues in possession after his right to do so extinguished, is liable to compensate landlord for such time period after right of occupancy expires...........
Rent and Eviction -- Tenant who once entered property in question lawfully continues in possession after his right to do so extinguished, is liable to compensate landlord for such time period after right of occupancy expires...........
Indian Penal Code, 1860, Section 447, 427, 294, 506, 34, Criminal Procedure Code, 1973, Section 482 -- Offence u/ss 447, 427, 294, 506, 34 IPC - Quashing of FIR - Complainant was not sure about the date of commission of alleged offences - No reason given for delay of 39 days in lodging FIR - Allegation levelled by complainant that accused demolished the boundary wall..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23 -- Eviction of son - Property of father - Son has taken forcible possession of property and has not taken care of father inspite of four operations of father - Father has to live at different places on the mercy of other persons - Eviction order upheld...........
Co-sharers -- Injunction - One co-owner cannot take exclusive possession of property nor commit an act of waste, ouster or illegitimate use and if he does so he may be restrained by an injunction...........
