Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit property was purchased by petitioner even prior to filing of suit - Plaintiff has sought relief of permanent and mandatory injunction against owner of disputed property - Suit cannot be decided without impleading petitioner who is owner of property in dispute on the date of filing of suit before..........
Specific Relief Act, 1963, Section 37, 38, 39, Protection of Women From Domestic Violence Act, 2005, Section 12 -- Suit for permanent/mandatory injunction against son and daughter-in-law - Plea by defendant under DV Act - Plaintiff claiming to be owner of suit property and that defendants are licensees in the property - Ownership of plaintiff not in dispute - There is no..........
Specific Relief Act, 1963, Section 38, 39 -- Suit for permanent injunction and in alternative for a decree for possession by way of demolition of built up structure - Tehsildar in his report mentioned that defendants encroached upon suit property by raising construction - No objection to said report has been taken by defendants - Plaintiff is entitled to relief of..........
Specific Relief Act, 1963, Section 39 -- Mandatory injunction - Directing defendants to vacate the suit property - Plaintiff is father of defendant No.1 - Suit property belongs to father - Nature of possession of defendants being that of a licensee and there is series of litigation between them - Concurrent findings of facts rendered by two Courts below would clearly show..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for possession by way of mandatory injunction - Defendants themselves admitted that they are in permissive possession of suit property, as plaintiff permitted mother of defendants to use house in question to facilitate marriage of her two daughters - Moreover, concurrent findings of two Courts below on record..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendants from raising construction of second story over already existing structure - Possession of defendants over piece of land is not disputed by plaintiffs - Defendants had already raised construction of a single storey structure and it was this structure which was sought to be got..........
Specific Relief Act, 1963, Section 39 -- Mandatory injunction - Licence - Termination of licence - Owner of immovable property on termination of licence is entitled to maintain a suit for mandatory injunction against the licensee to vacate the property...........
Civil Procedure Code, 1908, Section 9 -- Jurisdiction of civil Court - Suit for Mandatory injunction - Title of plaintiff over suit property is not admitted by defendant - Even, plaint does not disclose as to how plaintiff acquired title over property in question - Specific case of defendant in written statement is that he became owner of part of suit property under..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for permanent and mandatory injunction in representative capacity for causing public nuisance - Applicant is son of plaintiff no.2 - He is sharing common interest and title with his father in suit property - Applicant is thus, necessary and proper party to suit - Applicant rightly impleaded as..........
Civil Procedure Code, 1908, Section 9 -- Jurisdiction of civil Court - Suit for permanent and mandatory injunction - Name of plaintiff recorded in revenue record - Plaintiff has a right to seek remedy before Civil Court, as no declaration of title is involved...........