Civil Procedure Code, 1908, Section 151, Order 39, Rule 2(1), 2(2) - - Temporary injunction - Inherent powers - Exercise of - Held, where Court finds that though a case is made out for grant of temporary injunction u/R.2(1) of O.39 of CPC but such a relief cannot be granted for some reasons, Court can invoke its inherent power u/s 151 of CPC to impose certain conditions..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Plaintiff himself transferred and delivered possession of 4 Kanals land to his son who thereafter sold and gave possession of same to defendants - Thus, defendants have derived possession of disputed land in question from plaintiff himself through his son - Held, defendants cannot be restrained from..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Grant of - Validity - Plaintiffs/respondents and defendant No.1/petitioner are sons and grand-sons of `B' - In jamabandi they are depicted to be joint owners as well as in joint possession of suit land including khasra No. in which disputed tube-well and electric connection in question stand..........
Civil Procedure Code, 1908, Order 39 -- Temporary injunction - Suit for declaration of ownership - Restraining defendant from dispossessing plaintiff - Ejectment proceedings initiated by defendant against plaintiff - Shows possession of plaintiff - Injunction cannot be refused merely on the ground that ejectment proceedings u/s 163 of Himachal Pradesh Land Revenue Act are..........
Civil Procedure Code, 1908, Order 38, Rule 5 -- Attachment - Furnishing of security - Held, perusal of O.38.R.5 of the Code shows that an order for directing defendant to furnish security can be made if court is satisfied that defendant is about to dispose of whole or any part of his property with intent to obstruct or delay execution of any decree that may be passed..........
Civil Procedure Code, 1908, Order 39, Rule 1,2 -- Temporary injunction - Possession alleged to be delivered in pursuance of agreement to sell - Plaintiff alleged to have inserted her name in agreement to sell entered by defendant with another person - Held, plaintiff is not entitled to injunction in absence of any evidence for claiming possession on the strength of..........
Civil Procedure Code, 1908, Order 39, Rule 1 -- Temporary injunction - Prima facie case - Burden of proof - Appellant tried to raise certain doubts over title of respondent No.1 - Held, to establish prima facie case burden in on appellant to establish his title and possession over property in suit - He cannot take advantage of weakness of respondent's title...........
Civil Procedure Code, 1908, Order 39, Rule 1 -- Temporary injunction - Balance of convenience - Respondent No.1 has purchased a land comprising of area of 62376 sq.metres and after getting a plan sanctioned from Agra Development Authority started developing a residential colony thereon - Appellant has alleged in plaint that he had purchased an area of 2977 sq.metres -..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit for declaration and mandatory injunction - Already in earlier suit temporary injunction was granted - Since suit is at trial stage, it cannot be said whether petitioner has been dispossessed from any portion of suit property during pendency of suit - Petitioner shall amend his plaint and seek..........
Civil Procedure Code, 1908, Order 39, Rule 1,2 -- Temporary injunction - Plaintiff claiming right on basis of lease deed - Validity of lease deed can only be decided when parties lead evidence - Right of plaintiff to carry business from the disputed land can only be protected on the basis of his possession - No finding with regard to possession of plaintiff recorded -..........