Law:

Section:

(a) Specific Relief Act (I of 1877)... ---- S.54 --- Suit for perpetual injunction --- Suit was filed by the plaintiff against her real brother who admittedly was not possessed of any right or title in property in question, beyond his mere occupation thereof due to his relationship with plaintiff --- Claim of plaintiffs with regard to title in suit property which had been derived from registered sale-deed made in favour of predecessor of plaintiffs, was admitted by defendant in his written statement --­ Written statement 'filed by defendant did not raise any point of controversy between parties --- Plaintiffs, in such state of pleadings, were entitled to have their suit decreed straightaway --- Trial Court's proceedings with regard to undefined reference made to a Referee and issuance of Commission for site inspection were wholly out of place --- Such proceedings could not possibly furnish any cause of grievance to defendant who had not claimed any title in himself and not even had set up i plea of adverse-possession in respect of property in question. (b) Adverse possession ... ---- Defendant against whom suit for perpetual injunction was riled in respect of property in question, did not at all plead adverse possession and his claim of being in possession since more than 50 years, was simply inconsequential against title vested in plaintiffs --- Adverse nature of existing or admitted possession has its own significance and implication and due to special nature of such possession, it is necessary to specifically plead same --- Question of adverse possession cannot be taken up or noticed without plea thereabout having been unambiguously taken in pleadings. ---- Question of fact which is not pleaded, cannot become capable of being proved through evidence. (d) Question of fact- ---- Non-pleading of --- Effect --- Question of fact which is not pleaded, cannot become capable of being proved through evidence. (e) Civil Procedure Code (V of 1908)--- ---- S.115 --- Revisional jurisdiction, exercise of --- No mistake of law or error of jurisdiction, was shown to be involved in suit which was decreed by Trial Court and which decree was upheld by Appellate Court below ---…

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