Showing : 61-70 of 177 Results

PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Specific Relief Act, 1963, Section 34, 38-- Suit for declaration and permanent injunction - Once it was admitted by plaintiffs that possession of suit land was with subsequent purchasers, their simplicitor suit for declaration and permanent injunction challenging the impugned decree in favour of defendant and subsequent sale deeds in favour..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Specific Relief Act, 1963, Section 37, 38-- Co-sharer - Sale beyond share - Suit for permanent injunction - Remedy available is to seek declaration of sale deed as well as partition of the property - In the absence of declaration, Court cannot decide whether sale deed is beyond the share or not...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Specific Relief Act, 1963, Section 37, 38-- Co-sharer - Suit for permanent injunction - No documentary evidence to show that either of the parties is in exclusive possession of their respective shares - No injunction suit is maintainable against co-sharer and remedy lies elsewhere...........
ALLAHABAD HIGH COURT
Year of decision: 2015
Details
Specific Relief Act, 1963, Section 38-- Suit for permanent injunction - Possession in pursuance of oral agreement to sell - Injunction sought restraining defendant from eviction plaintiff otherwise than in due course of law and not to transfer the disputed land and interfere in the peaceful possession - Such unregistered agreement does..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2015
Details
Specific Relief Act, 1963, Section 37, 38-- Permanent Prohibitory injunction - Restraining defendants not to encroach or raise any sort of construction over vacant portion of suit property - Plaintiff proved that he was owner-i, possession of suit land, as he purchased the land from father of defendants on the basis of registered sale deed..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2015
Details
Specific Relief Act, 1963, Section 38, 39-- Injunction - Where plaintiff fails to prove possession in a suit for permanent prohibitory injunction or mandatory injunction, suit is liable to be dismissed...........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2015
Details
Specific Relief Act, 1963, Section 38, 39-- Permanent prohibitory injunction - Restraining defendants permanently from constructing road over suit land or changing its nature - Plaintiffs have not come to Court with clean hands - It was for plaintiffs to plead that road was constructed in 2000 and plaintiffs were out of possession at the..........
BOMBAY HIGH COURT
Year of decision: 2015
Details
Specific Relief Act, 1963, Section 37, 38-- Permanent injunction - Suit based on possession - Relief of declaration of title not claimed - Suit is maintainable when there is no cloud on the title of plaintiff requiring him to file suit for declaration of title...........
ALLAHABAD HIGH COURT
Year of decision: 2015
Details
Specific Relief Act, 1963, Section 38-- Permanent injunction - Encroachment and construction during pendency of suit - Plaintiff is not under an obligation to seek further relief of demolition and removal of encroachment - Court has to look into situation as it was on the date of institution of suit and for subsequent events specific..........
ALLAHABAD HIGH COURT
Year of decision: 2015
Details
Specific Relief Act, 1963, Section 38-- Permanent injunction - Encroachment and construction during pendency of suit - Compensation - Once plaintiff proves his case regarding ownership and entitlement for restoration of his possession against wishes of plaintiff, it would be wholly unjust and inequitable to deny him appropriate adequate..........

Showing : 61-70 of 177 Results