Showing : 1-10 of 16 Results

PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Specific Relief Act, 1963, Section 37, 38-- Injunction - Co-owner can seek injunction against other co-sharer viz-a-viz change of nature of land - Since the property in question is joint and defendant failed to prove the family settlement as alleged by him, injunction rightly granted against defendant - Remedy if any for defendant was to..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Specific Relief Act, 1963, Section 37, 38, Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Injunction - Co-owners - Injunction against other co-owners - Can be granted only when one co-sharer is in possession of a particular portion of property with common consent of all persons and not when one co-owner is in possession over a particular portion of property free of obstruction...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2011
Details
Specific Relief Act, 1963, Section 37, 38-- Suit for injunction - Co-owner - Cannot seek injunction against another co-owner - Remedy for plaintiff is to file a suit for partition...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Ad interim injunction - At the behest of a purchaser from a co-owner against another co-owner - Similiciter suit for injunction filed by a purchaser from a co-owner against another co-owner is not maintainable - When suit itself is not maintainable then ad interim injunction cannot be granted -..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2010
Details
Specific Relief Act, 1963, Section 38, 41-- Injunction suit against co-sharer - Defendant sought to be restrained from restraining the plaintiff from watering his fields from motor (tube-well) on the ground that he is joint owner in possession of the land - Electric motor/electric connection and payment of electricity bills made by the..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2010
Details
Specific Relief Act, 1963, Section 37, 38-- Co-owner - Suit for permanent injunction against a co-owner is not maintainable...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2010
Details
Specific Relief Act, 1963, Section 38-- Injunction - Restraining defendant from transferring an area more than his share - Plaintiff claiming himself to be co-sharer - Defendant claiming exclusive possession as owner on the basis of oral partition which took place between him and father of the plaintiff - Revenue record still reflecting..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2008
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Temporary injunction - Co-owner in exclusive possession raising construction - A co-owner who is not in possession of any part of property is not entitled to seek injunction against co-owner who is in exclusive possession of suit property, unless act of person in possession of suit property..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2007
Details
Co-sharer-- Injunction - Co-owner not in possession of any part of the joint land - Not entitled to seek an injunction against the other co-sharer who is in exclusive possession of joint property unless any act of the co-sharer in possession of property amounts to ouster, prejudicial or adverse to the..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2007
Details
Civil Procedure Code, 1908, Order 1, Rule 10-- Impleading of party Dominant litus - Suit for permanent injunction - Application under O.1 R.10 for impleading as defendant being co-owner - Allowed by Trial Court - Plaintiff has right to choose parties against whom he seeks injunction - Being a co-owner in itself is no ground to be impleaded as..........

Showing : 1-10 of 16 Results