Civil Procedure Code, 1908, Section 2(2), Order 1, Rule 8 -- Representative suit for possession and mandatory injunction - Suit for declaration that schedule property belongs to trust - No reliefs purely declaratory in nature could have been granted in an ill-constituted appeal and cross objection - Decree as such passed by Trial Court, would only confuse matter relating..........
Arbitration and Conciliation Act, 1996, Section 45 -- Arbitration agreement - Suit for declaration and permanent injunction - Once it is found that agreement in question is a legal and valid agreement, which is capable of being performed by parties to suit, Court has no discretion but to pass an order by referring the parties to arbitration in terms of agreement - Trial..........
Specific Relief Act, 1963, Section 37, 38 -- Permanent injunction - Co-sharer - Restraining other co-sharer from raising construction - Mere making of construction or improvement in the joint property does not amount to ouster of other co-sharer - By raising construction, value and utility of property will not be diminished - No injunction can be issued to restrain the..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, 4 -- Temporary injunction - Status quo order - Sustainability - Suit for specific performance and permanent injunction - Entire case of plaintiff based on premise that defendant No.3 was acting on behalf of defendant Nos.1 and 2, when he signed the agreement to sell - However, there is not even a shadow of evidence produced..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for mandatory injunction directing defendants to handover vacant possession of house - Defendants were permitted to use the property in question as licensees - Defendants alleged that they are in possession of suit property under an agreement of sale purported to be executed by defendant no.3 -..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Ad interim injunction - Police protection - Grant of ad interim injunction restraining defendant from raising construction over suit land in an unscientific manner - Appeal there against pending - Moreover, alternative efficacious statutory remedy U.O.39.R.2-A CPC is available to plaintiff - Order declining..........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration and perpetual injunction - Ancestral property - Plaintiff born before date of vesting, so he got share equivalent to defendant No.1 in the property of Sir and khudkasht along with his father/defendant No.1 - However, name of father recorded in revenue record as `Karta' of family - Plaintiff aggrieved only..........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration and permanent injunction on the basis of adverse possession - Suit for declaration on the basis of adverse possession is not maintainable - Plaintiff, since established his possession, decree of permanent injunction rightly granted in his favour...........
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,..........
Civil Procedure Code, 1908, Order 14, Rule 3 -- Non-framing of an issue - Issue as to no, joining of necessary parties - Suit for declaration with consequential relief of possession and injunction, dismissed without framing said issue - No opportunity was afforded to plaintiffs to move an application for impleading necessary parties - Order remanding back to trial Court..........