Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration and permanent injunction - Barred by limitation - Plea of adverse possession taken by defendant - However, defendant failed to prove that he perfected his title over suit property by continuous and undisturbed possession over same for more than statutory period - Suit filed by plaintiffs not barred by..........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration and permanent injunction - Order of injunction granted in favour of plaintiff in earlier suit filed by defendant in respect of 86 cents which included 14 cents of suit property also - Since defendant claimed title in respect of suit property, which was denied by Courts in said earlier suit, it would have..........
Specific Relief Act, 1963, Section 37, 38 -- Suit for permanent injunction - On the basis of lease deed executed in favour of plaintiff by Gram Sabha in the year 1955 - At that time it was Gaon Sabha and Gram Sabha came into existence in 1962 - Plaintiff failed to prove as to how lease deed was executed by Gaon Sabha - Trial Court rightly held, that plaintiffs failed to..........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Where plaintiff despite knowing fact that title has been set up by defendant failed to convert suit for permanent injunction into one seeking declaration and further without there being clear evidence regarding possession of plaintiff also for the reason that no injunction could be granted against true owner,..........
Specific Relief Act, 1963, Section 38(3)(d) -- Permanent injunction - Consequential relief of permanent injunction sought in a declaratory suit for easement - Once plaintiff having established easementary right over suit land, then order to enjoy that declaratory decree consequential relief of permanent injunction ought to have been in his favour, otherwise, it would give..........
Specific Relief Act, 1963, Section 38, 39 -- Suit for permanent and mandatory injunction - Encroachment by defendants - Plaintiff had set up a clear case regarding property in question being of `R' who had executed Will in favour of plaintiff and they have been in possession - Plea taken by defendants that property was joint land is not proved - Encroachment made by..........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Restraining defendant from raising any construction or changing nature of property - Defendant already got permission to change the use of land from competent authority and started construction thereof, as he purchased specific portion of property through a registered sale deed - Once permission for changing..........
Specific Relief Act, 1963, Section 37, 38 -- Suit for permanent injunction without seeking declaration of title - In suit nothing narrated about title dispute - Suit is maintainable in view of previous litigation which was initiated at the instance of defendant No.1 where he lost suit for declaration and recovery of possession of the same property...........
Specific Relief Act, 1963, Section 38, 39 -- Permanent and mandatory injunction - Restraining defendants from interfering in peaceful possession of suit property - Plaintiffs have not filed any document on record to establish that property described at the foot of plaint is disputed abadi land - Burden is upon plaintiff to prove said fact, however, he failed to do so -..........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration and permanent injunction - Plaintiff claimed title of suit property on the basis of land purchased from one `K' - Said `K' derived title from State government by Patta - However, since patta had been revoked and grantee/`K' had no right, title or subsisting right at the time of alienation in favour of..........
