Suit for recovery of possession -- Encroachment - Mere fact that after making objection plaintiff took some reasonable time to approach Court for recovery of possession cannot be a reason to deny him relief of recovery of possession of encroached land on his establishing his title over it - Suit rightly decreed...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Transposition of defendant no.2 as appellant no.4 - Suit for specific performance decreed in favour of plaintiff - Other defendants filed appeal against such decree - Defendant no.2 is co-owner of suit property as admitted by plaintiff - Plaintiff himself had arrayed defendant no.2 in suit filed by him - Defendant no.2 is..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - For passing an order U.O.7.R.11 CPC, only averments in civil suit are to be seen and not any other documents - Whether averments made in suit are proved to be correct or false depends upon evidence which will come on record...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendants from disturbing possession of plaintiffs - Plaintiffs are in possession of suit property - Temporary injunction is in operation for the last 10 years - Impugned order of setting aside injunction order granted in favour of plaintiffs set aside...........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Bar of subsequent suit - Earlier suit filed for permanent injunction and subsequent suit filed for specific performance - Earlier suit withdrawn without permission to file fresh suit with respect to the suit land - Nothing on record to establish what was the cause of action of plaintiff in earlier suit - In the absence of any..........
Registration Act, 1908, Section 17 -- Agreement to sell - Suit for specific performance - Plea that agreement is not registered even when possession was delivered at the time of execution of agreement - There is finding of fact recorded by both the Courts below that possession of property was not delivered to plaintiff - No ground to disturb the factual finding...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - One of the defendants had died prior to filing of suit - Nothing on record to show that plaintiff knew of said fact at the time of filing of suit - Application rightly dismissed...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Injunction suit - By way of amendment of plaint relief of declaration that sale deed is null and void sought - Bar of limitation - When already a suit for injunction which involves a question of title has been filed, admittedly within time, there shall be no question of bar of limitation being attracted..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Injunction suit - By way of amendment of plaint relief of declaration that sale deed is null and void sought - There is no enlargement of scope except elucidation of issue in controversy by seeking a specific prayer for declaration of title - Nature of suit also does not get changed by introduction of..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Husband filed suit against wife, daughters and son to declare the property purchased in the name of wife is benami - Such plea of benami transaction cannot be taken after Benami Prohibition Act - Husband and wife passed away - Daughters have filed appeal against son - Since daughters got..........
