Specific Relief Act, 1963, Section 38 -- Permanent Injunction - Restraining defendant from encroaching passage - Joint land - Partition - Existence of any passage before partition proceedings looses any significance as such - In the partition proceedings, plaintiff and defendant given separate passages and specific areas mentioned in khasra numbers allotted to them -..........
Specific Relief Act, 1963, Section 38, 39 -- Suit for permanent and mandatory injunction - Restraining defendants from unauthorized construction over suit property - Construction over suit property already completed - Concerned authority is thus, directed to take action in a time bound manner with respect to any unauthorized construction over suit property - Directions..........
Co-sharers -- Permanent injunction - Partition not effected in between co-sharers - Suit of plaintiff is barred u/s 41 Specific Relief Act as alternate remedy for filing suit for partition is available to plaintiff. (Specific Relief Act, 1963, Ss.38, 41)...........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - In a simplicitor suit for permanent injunction, Court is not supposed to adjudicate upon title...........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Plaintiff purchased property owned by defendant - This fact admitted by both the parties - Plaintiff shown and proved to be in possession of property - Suit rightly decreed...........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Property in question was rented out to defendant - However, property is in dilapidated condition and it is not in use for purpose for which it was let out - Manner in which plaintiff came into possession looses relevance - Since plaintiffs are in possession of suit property, as defendant is no longer in..........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - On basis of title - Once plaintiffs have failed to prove title, suit for injunction based on title has necessarily to be dismissed...........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Suit properties purchased by plaintiff through various vendors - Title of some of vendors is disputed - Relief of permanent injunction denied by Courts below - Plaintiff contended that Courts should have granted a decree for at least some extent of land to which vendors of plaintiff were found entitled to -..........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration of title and permanent injunction - Plaintiff claims title over suit property by way of oral partition before 50 years ago - Patta was issued in the name of plaintiff on basis of said oral partition - However, no revenue document was produced to prove his possession for past 50 years - Plaintiff not entitled..........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Co-owners - Restraining altering physical features of suit property - Preventing other co-owners from altering nature of property is always in the nature of interim relief - There cannot be any permanent injunction for ever to keep other co-owners from enjoying suit property - Permanent injunction cannot be..........
