Specific Relief Act, 1963, Section 39 -- Mandatory injunction - Plaintiff failed to prove that construction was raised after filing of suit - Mandatory injunction cannot be granted...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Public Premises (Eviction of Unauthorised Occupants) Act, 1971, Section 15, Specific Relief Act, 1963, Section 34 -- Suit for injunction - Railway authorities claiming suit land issued notice to plaintiff under 1971 Act - However, plaintiff instead of taking recourse of appropriate provision of law has instituted suit by..........
Specific Relief Act, 1963, Section 39 -- Mandatory injunction - Removal of illegally constructed wall - Failure to get property demarcated before filing suit or during pendency of suit - No cause of action accrues to plaintiff - Suit rightly dismissed...........
Specific Relief Act, 1963, Section 39 -- Mandatory Injunction - Restraining defendants from using the house and to handover its vacate possession to plaintiff - Plaintiff purchased the suit property by way of sale deed - Concurrent findings of Courts below with regard to plaintiff's ownership of suit property cannot be found fault with, as nothing brought by defendant to..........
Specific Relief Act, 1963, Section 39, 41(h) -- Mandatory Injunction - Suit not barred by provision of S.41(h) of the Act, as plaintiff held to be owner of suit property and is residing in the same accommodation, thus, cause of action has arisen to plaintiff for filing suit for mandatory injunction - Plaintiff cannot be compelled to file a suit for possession, as held by..........
Specific Relief Act, 1963, Section 39 -- Mandatory injunction - Suit for mandatory injunction simplicitor without seeking relief of declaration regarding right of way or access by way an easement is maintainable, where there are no two landlords or two different owners involved in dispute...........
Specific Relief Act, 1963, Section 39 -- Mandatory injunction - Removal of Chhappar blocking ingress and egress of plaintiff's house - Claim based only on the basis of site plan - No evidence to show continuous usage of alleged path over land where Chhappar in question is allegedly constructed by defendant - It is not that plaintiff has no access to his property - Access..........
Specific Relief Act, 1963, Section 39 - - Mandatory injunction - Seeking vacant possession of house in question from daughter-i, law - Status of son or daughter-i, law in house owned by father and father-i, law, mother and mother-i, law is that of a licensee - In case licensor do not want the licensee in the house owned by him, he can always seek possession by filing suit..........
Specific Relief Act, 1963, Section 39 - - Mandatory injunction - Seeking vacant possession of house in question from daughter-i, law/defendant - Defendant failed to prove that house purchased from funds of Hindu Joint family property - Plea of daughter-i, law that construction of house in question was raised out of funds provided by husband pales into insignificance as..........
Specific Relief Act, 1963, Section 39 -- Mandatory injunction - Removal of blockage caused by raising construction over a path in question - No evidence on record to prove that by raising such construction width of path will be reduced - No demarcation report placed on record by plaintiffs showing the precise portion on record encroached by defendants - Omission of said..........
