Specific Relief Act, 1963, Section 38 -- Suit for permanent injunction - Plaintiffs were in possession of suit property pursuant to agreement for sale - Defendant failed to oppose the possession of plaintiff or proved better title than one possessed by plaintiff - Suit held, rightly decreed by Court below...........
Specific Relief Act, 1963, Section 34 -- Suit for declaration that gift deed in question is null and void - Gift deed declared null, void and not binding on plaintiffs by trial Court - Said finding attained finality - However, declaratory relief denied to plaintiff on the ground that plaintiff not sought relief of possession - Said findings are erroneous and perverse -..........
Specific Relief Act, 1963, Section 38 -- Suit for permanent prohibitory injunction - Plaintiffs stated that they along with defendant and other co-sharers are joint owners in possession of suit land - However, admission made by DW4 and statements of PWs, defendant and other co-sharer nowhere suggest that suit land is still joint amongst parties - Rather, sale deed which..........
Civil Procedure Code, 1908, Order 21, Rule 32(5) -- Execution - Decree of permanent prohibitory injunction - Disobedience - Where JDs disobey decree of permanent injunction passed against them by gaining illegal possession of suit property, DH cannot be asked to file a fresh suit for possession by Executing Court - Possession can be ordered to be delivered to DHs by JD by..........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Bar of subsequent suit - Cause of action as alleged in subsequent suit for possession and in earlier suit for permanent injunction not same - There is nothing to show that in earlier suit plaintiffs intentionally relinquished any portion of their claim for reasons that suit was only for injunction and plaintiffs therefore are..........
Adverse possession -- Plea of adverse possession not sustainable when there is an alternative plea of retention of possession u/s 53-A Transfer of Property Act as both the pleas are totally inconsistent with each other...........
Adverse possession -- Once plea of adverse possession is raised, it pre-supposes title over suit land of plaintiff - Once title of plaintiff is deemed to be admitted, argument that property is not identifiable falls to ground...........
Suits Valuation Act, 1887 - - Plea of adverse possession - By pleading adverse possession very specifically in written statement, defendant admitted title of plaintiff to suit land but said title was extinguished by defendant's hostile possession - However, plea of adverse possession not proved by defendant - Having failed to prove the plea of averse possession in itself..........
Civil Procedure Code, 1908, Order 21, Rule 99 -- Execution - Objection by third party - Stay of execution - Petitioner failed to prove his possession qua property in question - There is thus, no question if any of his being dispossessed from the suit property so as to enable Court to adjudicate claim of petitioner - Application rightly rejected...........
Himachal Pradesh Urban Rent Control Act, 1987, Section 14 -- Eviction petition - Existence of compromise deed between landlord and tenant for peaceful and vacant possession of land on which staff of tenant were residing - Absence of any pre-condition to clear-off all dues before handing over possession - Workers or staff of tenants have no right to create hindrance in..........
