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(1)] The High Court may call for the record of an case which has been decided by any Court subordinate to such High
Court and in which no appeal lies thereto, and if such subordinate Court appears
(c) to have acted in the exercise of its jurisdiction illegally or with material irregularity, the High Court may
make such order in the case as it thinks fit :
Mesne profit- damages recoverable from a person who has wrongfully interfered or in
possession of an immovable property
Specific Relief Act, 1963-Section 5 and 6- Civil Procedure Code, 1908- section 96 and 115-
decree for recovery of possession of property-remedy against- claim of respondent
no.1/plaintiff for possession is not de hors claim for declaration and cancellation of
document and for permanent injuction and is rather interwined therein-
petitioner/defendant no. 1 being himself to blame for having an earlier occasion unilaterally
withdrawn correct remedy of appeal earlier availed of, will not be entitled to have appeal
allowedmerely on the ground of suit for composite reliefs under section 6 of specific relief
actand of permanent injuctionand declaration and cancellation being not maintainable-
appeals shall be decided on merits of impudged judgement.
Civil procedure code-1908-Order 20 rule 12- suit for possession and mesne profits- Trial
court dismissed suit essentially on the ground that documents as per which appellant
/plaintiff claims co-ownership of suit property with respondent no.1/ defendant no.1/ sister
, are unregistered and unstamped documents and said documents do not confer any title
upon appellant and plaintiff. It is only agreement to sell and related documents which are
executed after 24.09.2001, which rquire stamping and registration – Argument urged on
behalf of respondents that they have become owners by adverse possession, has to be
rejected for reasons that adverse possession has to be proved open, hostile and continous
for a period of 12 years – Though suit is for possession and mesne profits but since appellant
/ plaintiff has failed to prove rate of rent prevailing in the area, no mesne proft can be
granted to appellant/ plaintiff impugned judgement of trial courts set aside and suit for
possession decreed with costs- appeal dismissed.
Civil procedure code-, 1908 order 39 Rules 1- 1.Cases in which temporary injunction may be
granted.
and 2-National Capital territory of Delhi Laws(Special provisions) Second Act, 2011-
Injuction-Trial Court restrained appellant /DDA from demolishing suit property-Trial court
committed manifest error in decreeing suiy for injuction which was filed by respondant
no.1/plaintiff in as much as respondent no.1/plaintiff was not owner of the land as
ownership vested with Government-respondent no.1 / plaintiff failed to prove that suit
property is existing in layout plan of colony which is proposed to be regularized by govt. –
Impugned judgement of trial court set aside and suit of respondent no.1 /plaintiff dismissed-
appeal allowed.