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Results of suit for injunction by tenant

Showing : 1-10 of 74 Results

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2019
Details

Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration, possession, mesne profits and permanent injunction - Plaintiff was not required to prove their ownership qua suit property, inasmuch as defendant/tenant himself in his written statement categorically admitted them as owners - Thus, an admitted fact was not required to be proved - More so, defendant has no..........

HIMACHAL PRADESH HIGH COURT

Year of decision: 2019
Details

Civil Procedure Code, 1908, Order 1, Rule 9 -- Non-joinder of necessary party - Suit for declaration, permanent and mandatory injunction - Ownership of erstwhile owner of property stood extinguished automatically by coming into force of H.P. Tenancy and Land Reforms Act and it was defendant being tenant who was owner thereof - He is thus, not owner of property on the date..........

BOMBAY HIGH COURT

Year of decision: 2018
Details

Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendant-owners from dispossessing respondent from suit hospital - Respondent is admittedly, running and is in possession of suit hospital for more than 13 years by three agreements - Respondent claims that he is a tenant while defendant-petitioner claim that respondent was a mere..........

SUPREME COURT OF INDIA

Year of decision: 2018
Details

Rent and Eviction -- Attornment - Proof - Attornment stands proved viz. (a) no reply to quit notice which amounts to waiver to challenge invalidity or infirmity of quit notice including ownership issue raised therein; (b) Letters sent expressing willingness to attorn and continue the tenancy and also offering to pay rent; (c) Filing suit for mandatory injunction to accept..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2018
Details

Specific Relief Act, 1963, Section 37, 38 -- Permanent injunction - Tenant seeking restraint from illegally and forcible dispossession - At one point of time plaintiff claimed to be owner of the house in dispute before the government department whereas in the suit she claims to be tenant - Plaintiff not able to prove her tenancy and she did not have any rent receipt in her..........

MEGHALAYA HIGH COURT

Year of decision: 2017
Details

Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - Earlier suit for declaration and permanent injunction was filed by tenant - Landlord subsequently filed suit for eviction against tenant - Cause of action in earlier suit cannot be said to be directly and substantially involved in subsequent suit for eviction - Subsequent suit rightly not stayed by trial..........

MEGHALAYA HIGH COURT

Year of decision: 2017
Details

Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration and permanent injunction - Tenant filed suit on the apprehension that landlord attempting to deny his right as a tenant and was threatening to dispossess him without following due process of law - However, subsequently landlord filed suit for eviction - Neither apprehension of tenant is survived nor he now..........

HIMACHAL PRADESH HIGH COURT

Year of decision: 2016
Details

Specific Relief Act, 1963, Section 34, 37 -- Suit for declaratory and injunction - Right claimed as no, occupancy tenant on rent basis - Plaintiff was unable to prove his plea that owner of suit property executed gift deed of 4 biswas and not 4 bighas in favour of education department and his possession over suit property is as no, occupancy tenant - On the contrary,..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2016
Details

Specific Relief Act, 1963, Section 37 -- Suit for injunction - Restraining defendant from illegally, unlawfully, unauthorisedly and forcibly dispossessing him from the suit premises - Plaintiff has pleaded that he was inducted as tenant by defendant No.1 in year 1986 - No documentary evidence has been adduced to show that any rent was deposited in accounts of defendant or..........

UTTARAKHAND HIGH COURT

Year of decision: 2016
Details

Specific Relief Act, 1963, Section 37, 38 -- Perpetual injunction - Plaintiff owned the suit property as disciple of deceased/mahant by way of Will - Defendant himself admitted that whole property was under ownership/mahantship of deceased, thus there remains no room for any doubt that deceased had authority to execute Will in favour of plaintiff - Even execution of Will..........

Showing : 1-10 of 74 Results