Civil Procedure Code, 1908, Section 9 -- Public street - Injunction suit restraining defendant from making construction on 80 feet wide public road abutting plot of plaintiff - Mere existence of 80 feet road proved by the plaintiff does not clothe the plaintiff with any right unless and until it is established that it was a public street...........
Civil Procedure Code, 1908, Order 1, Rule 9 -- Necessary parties - Suit for injunction - Construction made by plaintiff in unauthorized layout - Plot of plaintiff was neither duly sanctioned nor construction was undertaken as per sanctioned plan - Held, in such circumstances there is no question of joining planning authority or Municipal Corporation as parties...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Specific Relief Act, 1963, Section 37, 38 -- Injunction - A person in wrongful possession is not entitled to an injunction against the rightful owner...........
Specific Relief Act, 1963, Section 37, 38 -- Injunction - Issue of title - Issue of title when involves complicated or complex questions of fact and law or where Court feels that parties had not proceeded on the basis that title was at issue, the Court should not decide the issue of title in a suit for injunction - Proper course is to relegate the plaintiff to the remedy..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Specific Relief Act, 1963, Section 37, 38 -- Injunction - To get relief of injunction plaintiff has to establish that on date of suit he was in lawful possession of suit property and defendant tried to interfere or disturb such lawful possession...........
Specific Relief Act, 1963, Section 38 -- Injunction - Contingencies in which a suit for permanent injunction and/or declaration is maintainable analysed viz. (1) When plaintiff is in lawful or peaceful possession of property and such possession is interfered or threatened then suit for injunction simpliciter is maintainable but a person in wrongful possession is not..........
Civil Procedure Code, 1908, Section 11 -- Res judicata - A finding as to title given in an earlier injunction suit can operate as res judicata in a subsequent suit for declaration of title when in a suit for injunction title is in issue for the purpose of granting injunction - Issue of title arises directly and substantially between the parties when the same issue arises..........
Specific Relief Act, 1963, Section 39 -- Mandatory injunction - Licence - Refusal to vacate on termination of licence - Suit for mandatory injunction is maintainable - It is not necessary for the licenser to file a regular suit for possession by paying Court fee on the market value of the property...........
Civil Procedure Code, 1908, Section 16, 20, Order 39, Rule 1, 2 -- Ad interim injunction - Suit for specific performance - Ad interim injunction cannot be granted by a Court within whose jurisdiction parties reside but immovable property is situated outside its territorial jurisdiction - Territorial jurisdiction in a case seeking possession of immovable property lies in a..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary mandatory injunction - Can be granted only in exceptional cases - No specific pleadings that flour mill in the shop in question was definitely in possession of the plaintiffs - Not a case of exceptional circumstances - Order declining temporary mandatory injunction upheld...........
