Showing : 11-20 of 48 Results

ANDHRA PRADESH HIGH COURT
Year of decision: 2011
Details
Specific Relief Act, 1963, Section 38-- Injunction - Grant of - Factors to be taken into consideration - Held, principle of law is that a person in possession can protect possession against entire world and even against a true owner - If there is a settled possession of property an injunction can be granted - If trespasser is in..........
DELHI HIGH COURT
Year of decision: 2010
Details
Specific Relief Act, 1963, Section 38, Gair Maroosi-- Injunction - Cannot be granted on the basis of entries in Khasra Girdawaris where it is not shown as to when plaintiff entered into possession and what were the terms under which the tenancy, or occupancy, or right to cultivate, was given to, or granted - Plaintiff never showed that he entered..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2010
Details
Specific Relief Act, 1963, Section 37, 38-- Injunction - Trespasser can seek injunction against the true owner, only if the trespasser is in peaceful, lawful and established long possession without any concealment from the true owner - On the basis of a stray entry regarding possession in Khasra Girdawri for the year 1975-76 plaintiff..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Temporary injunction - Trespasser - A person in settled possession cannot be evicted forcibly even by the true owner - However, the true owner has every right to dispossess or throw out a trespasser, while he is in the act or process of trespassing - Even a trespasser who is in settled possession..........
UTTARAKHAND HIGH COURT
Year of decision: 2009
Details
Specific Relief Act, 1963, Section 38, 39-- Injunction - Ordinarily if the suit property is in possession with a person for a sufficiently long time then injunction should not disturb that possession - However, a person in possession can resist the entire world but not the true owner, even if the true owner is not in actual possession of..........
UTTARAKHAND HIGH COURT
Year of decision: 2009
Details
Specific Relief Act, 1963, Section 38, 39-- Injunction - Rights of parties to perform `Puja' in a temple - In case plaintiff is the true owner of the property then he can claim permanent injunction even against the defendants, even if he was not performing the `Puja' at the relevant time...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2007
Details
Adverse Possession-- Suit for permanent injunction - Plaintiff claimed adverse possession - Neither admitting ownership of defendant - Nor asserting open, continuous and hostile possession to the knowledge of the defendant/true owner - Plea of adverse possession cannot succeed...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2007
Details
Specific Relief Act, 1963, Section 15, 37, 38-- Illegal Possession - Injunction against true owner - A person in established possession, even if unauthorised - Entitled to injunction against a true owner from forcible dispossession - Can be dispossessed only in accordance with law. Rama Gowda's case 2004(1) SCC 769 relied...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2007
Details
Specific Relief Act, 1963, Section 37-- Trespasser - Injunction against true owner - Plaintiff shown to be in possession in Khasra Girdawari - Owner recorded to be in possession in Jamabandi -Presumption of truth attached to Jamabandi - Plantiff in unauthorized possession - Non in settled possession - Trespasser in absence of owner -..........
UTTARAKHAND HIGH COURT
Year of decision: 2007
Details
Specific Relief Act, 1963, Section 38-- Permanent injunction - Injunction against true owner - Evidence on record that plaintiff was only the tenant of ground floor and not of first floor - Held, that no injunction can be granted against the true owner at the instance of a person in unlawful possession - Order of Courts below refusing..........

Showing : 11-20 of 48 Results