Adverse Possession -- Pleading and proof - Defendants admitted that they came in possession of suit property on permission of owner - However, defendants pleaded that they have acquired title by adverse possession also - Held, since their entry in suit land was on the basis of permission, defendants were required to plead and prove as to when they started denying title of..........
Punjab Village Common Land (Regulations) Act, 1961, Section 7 -- Common land - Unauthorized occupants - Eviction - All State Governments directed to prepare such scheme which provide for speedy eviction of illegal occupants, after giving him a show cause notice and brief hearing - Such illegal occupation for long duration or huge expenditure in making constructions is not..........
Punjab Village Common Land (Regulations) Act, 1961, Section 7 -- Common land - Unauthorized occupants - Letter permitting regularization of possession of unauthorized occupants is not valid - Such authorization is wholly illegal and without jurisdiction - Such illegalities cannot be regularized...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Refusal - Very right of vendors to execute sale deed-cum-general power of attorney itself is in clouds - There is documentary evidence to establish that defendants, their father and grandfather sold certain extent of land - Encumbrance certificate shows that lands were alienated in favour of plot..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of transferee pendente lite - Suit for partition - Transfer made during pendency of suit - Held, though it not mandatory for a party to implead transferee pendente lite as party, but court in exercise of its discretion can allow alienee to be made as party so as to enable him to protect his interest...........
Civil Procedure Code, 1908, Order 20, Rule 18 -- Hindu Law - Joint family property - Partition deed - Appellants have successfully rebutted the presumption of continuance of joint family and they have proved that suit property was partitioned long time back by metes and bounds - Each of the three holdings has its own area and contours - It is not just a case of mere..........
Civil Procedure Code, 1908, Order 23, Rule 1(3) -- Withdrawal of suit on account of formal defect - Suit for possession - Defendant taking specific plea in written statement that suit is bad for non-joinder of co-owners as parties - Despite this objection, no action taken by plaintiff - Suit proceeded and matured for final verdict - Plaintiff sought withdrawal of suit,..........
Indian Penal Code, 1860, Section 366,376 -- Abduction and rape - Proof of - Victim was a consenting party to entire fact of roaming - Medical report does not support charge of rape - Allegation that her ornaments were sold by appellant is not substantiated by any evidence at all - No recovery has been made from possession of appellant nor victim could divulge any place or..........
Registration Act, 1908, Section 17, 49, Transfer of Property Act, 1882, Section 54 -- Sale of immovable property of value less than Rs.1, 00/- - Not required to be registered - Sale of such a property is complete as soon as delivery of possession is proved either on the basis of an unregistered instrument of sale or otherwise - Where delivery of possession is established,..........
Civil Procedure Code, 1908, Order 21, Rule 97, 98, 99, 105, 106 -- Execution - Court sale - Procedure for consideration of application under R.97 or 99 even where it is by the decree holder, for removal of the obstruction to delivery of possession by J.D. or any person claiming under him, or by a third party, not claiming under the J.D. is governed by O.21.Rr.105 & 106 CPC..........
