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Results of injunction possession

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Showing : 1-10 of 1386 Results

SUPREME COURT OF INDIA

Year of decision: 2023
Details

Specific Relief Act, 1963, Section 38, 34 -- Suit for permanent injunction simpliciter without seeking relief of declaration - When in a suit for perpetual injunction based on title, defendant pleads perfection of his title by adverse possession against plaintiff or his predecessor, plaintiff need not claim a declaration of title, as there was no cloud on title of..........

SUPREME COURT OF INDIA

Year of decision: 2023
Details

Specific Relief Act, 1963, Section 38 -- Suit for permanent injunction - Plea of adverse possession and title - Defendant admitted the ownership of father of plaintiff - Plaintiff became one of co-owners along with his brothers after demise of his father - Deed of partition pleaded by defendant not proved - Two alternative pleas of adverse possession and title was sought..........

HIMACHAL PRADESH HIGH COURT

Year of decision: 2023
Details

Specific Relief Act, 1963, Section 37, 38 -- Injunction - Plaintiffs specifically asserted in plaint that a notice was served upon them to vacate the possession - It shows that plaintiffs were not being dispossessed forcibly - Therefore injunction could not have been granted to the plaintiffs on the plea that a trespasser cannot be ejected from the land in his/her..........

HIMACHAL PRADESH HIGH COURT

Year of decision: 2023
Details

Specific Relief Act, 1963, Section 37, 38 -- Injunction - Relief of injunction cannot be granted in favour of plaintiff based on mere long possession...........

RAJASTHAN HIGH COURT

Year of decision: 2023
Details

Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Defendants are in possession of property - Plaintiff miserably failed to make out a prima facie case in his favour and further to prove that he is in possession of the suit property in any manner, actual or constructive - Defendants would be at greater hardship if any injunction is not issued in..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2023
Details

Specific Relief Act, 1963, Section 38 -- Suit for permanent injunction - Except the oral testimony, plaintiff has failed to prove any document to prove her possession on suit property - On the other hand in jamabandis defendant has been shown as owner in possession - Dismissal of suit calls for no interference...........

ANDHRA PRADESH HIGH COURT

Year of decision: 2023
Details

Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Partition suit - Restraining defendants from interfering with possession of plaintiffs - Right of plaintiff over suit property are still to be established - Possession of plaintiff over suit property also not established - Trial Court rightly dismissed the application after recording prima facie..........

SUPREME COURT OF INDIA

Year of decision: 2023
Details

Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration of ownership and permanent injunction - Plea of non est factum - Plaintiffs claimed to be absolute owners thereby denying not only correctness of Power of Attorney in favour of defendant but also subsequent execution of sale deeds by Attorney - Defendant transferred the property in favour of his father and..........

MADRAS HIGH COURT

Year of decision: 2023
Details

Specific Relief Act, 1963, Section 38 -- Permanent injunction - Suit for permanent injunction simpliciter filed by plaintiff is not maintainable in the absence of any prayer for declaration of his title especially when defendant's title has been proved by registered sale deed and her possession has been proved...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2023
Details

Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for permanent injunction - Both parties claiming to be in possession - This question cannot be gone into at this stage...........

Showing : 1-10 of 1386 Results