Specific Relief Act, 1963, Section 39 -- Mandatory injunction - Encroachment of public roads or public road margins - A person can always seek relief of removal of encroachments, by way of mandatory injunction, in case where encroachments take place on public roads or public road margins...........
Specific Relief Act, 1963, Section 39 -- Mandatory injunction - Disputed land given on lease by defendant to plaintiff - As per lease conditions lease can be terminated after giving notice but no such notice was given - Defendant built two walls thus causing difficulty to the business of plaintiff, for which he had no right - Trial Court ordered to remove the obstruction -..........
Specific Relief Act, 1963, Section 39 -- Mandatory injunction - Decree of possession can be passed in a suit for mandatory injunction and even otherwise also, Court is empowered to mould relief in the facts and circumstances of the case...........
Specific Relief Act, 1963, Section 37, 38, 39 -- Suit for permanent and mandatory injunction - Plea of limitation - Neither any issue was framed regarding limitation nor from testimony of defendants it is revealed that any such statement was made therein - No such contention was raised before first appellate Court - Contention taken by defendant qua suit being barred by..........
Specific Relief Act, 1963, Section 38, 39 -- Permanent and mandatory injunction - Restraining defendant from raising any construction on the house of plaintiff - Plaintiff himself had raised construction on area exceeding the land owned by him - It was for plaintiff to prove the extent and boundaries of his land and that he had confined his construction within such..........
Specific Relief Act, 1963, Section 39 -- Mandatory injunction - Termination of licence - Suit for mandatory injunction lies with the only rider that suit is filed without any delay - If after termination of licence suit is not filed within three years then plaintiff has to file suit for recovery of possession...........
Specific Relief Act, 1963, Section 39 -- Mandatory injunction - Suit for mandatory injunction for seeking possession from a licensee or an unauthorized occupant is maintainable...........
Specific Relief Act, 1963, Section 39, Court Fees Act, 1870, Section 7 -- Mandatory injunction - Licensee or an unauthorized occupant can be asked to vacate the property by filing a suit for mandatory injunction - Once the suit has been valued at a certain value, ad valorem court fee has to be paid mandatorily on the same valuation...........
Civil Procedure Code, 1908, Order 7, Rule 11, Specific Relief Act, 1963, Section 39, Court Fees Act, 1870, Section 7, Suits Valuation Act, 1887, Section 8 -- Rejection of plaint - Suit for mandatory injunction - Once suit is valued for the purpose of jurisdiction then court fee is to be paid ad valorem on such amount - In the instant case suit valued for the purpose of..........
Specific Relief Act, 1963, Section 39 -- Mandatory injunction - Suit property was allotted to plaintiff and defendant was appointed as nominee - Mere fact that defendant is reflected as nominee in the records of Housing Board qua the house in question, would not entitle him to retain possession of a portion of the house - Suit rightly decreed in favour of plaintiff...........
