BHARAT HEAVY ELECTRICALS LTD. Vs. SANJAY PALIWAL
HIGH COURT OF UTTARAKHAND (AT: NAINITAL)
BHARAT HEAVY ELECTRICALS LTD.
Shri Sanjay Paliwal
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(1.) This appeal preferred under section 100
of Code of Civil Procedure 1908, is directed
against judgment and decree dated 30.01.2004,
passed by District Judge, Hardwar, in Civil
Appeal No. 33 of 2001, whereby said court has
dismissed the appeal and affirmed the judgment
and decree dated 22.03.2001, passed by IInd
Additional Chief Judicial Magistrate/Additional
Civil Judge (Senior Division), Hardwar, in
original suit no. 27 of 1994. The trial court had
decreed the suit for mandatory injunction
directing the defendant/appellant to remove his
wall from point C to D shown in the plaint
(2.) Heard learned counsel for the appellant
and learned counsel for the respondents and
perused the lower court record.
(3.) This second appeal was admitted on the
substantial questions of law as formulated in
the memorandum of appeal, but out of them the
appellant pressed and argued following four
substantial questions of law:-
(i) Whether a suit for injunction without
relief for possession is maintainable and is not
hit by section 38 and 41 of Specific Relief
(ii) Whether a person recorded in possession
in category VIII in the revenue record has
transferable rights ?
(iii) Whether without purchase of the specific
portion of land a purchaser out of a big plot
the plaintiff can lay hand upon a particular land
without there being any dimensions and area/
plan given in the title deed ?
(iv) Whether the suit is barred by section 69
of Partnership Act, 1932.;
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