BHARAT HEAVY ELECTRICALS LTD. Vs. SANJAY PALIWAL
LAWS(UTN)-2012-8-30
HIGH COURT OF UTTARAKHAND (AT: NAINITAL)
Decided on August 07,2012

BHARAT HEAVY ELECTRICALS LTD. Appellant
VERSUS
Shri Sanjay Paliwal Respondents

JUDGEMENT

- (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 map.
(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 Act ? (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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