Civil Procedure Code, 1908, Order 39,, Rule 1, 2 -- Injunction against execution of decree - Decree for possession - Execution filed - Another suit regarding same subject matter - Injunction granted against execution of decree - Decree passed after contest - No prima facie case made out in view of Sec. 11 of C.P.C. - Not open to the Courts below to grant injunction against..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 13 -- Bar of Civil Code jurisdiction - Plaintiff claiming to be owner of suit land seeks permanent injunction against Gram Panchayat - In revenue records, suit land recorded in the name of Gram Panchayat. Held - Plaintiff challanging the title of Gram Panchayat. Civil Court has no jurisdiction to decide the issue...........
Specific Relief Act, 1963, Section 39 -- Mandatory injunction - Specific extent of encroachment - Distinctively not stated - Decree for mandatory injunction cannot be passed...........
Specific Relief Act, 1963, Section 37, 38, 39 -- Passage - Plaintiff claiming exclusive rights - Defendant claiming it to be a common lane for both plaintiff as well as defendant - Both parties relying upon documents - Suit for permanent injunction and mandatory injunction, without having the title declared, is not maintainable...........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit - Challenge to execution of sale deed - Original suit for declaration of title and injunction - Said suit was withdrawn - No liberty to file fresh suit granted - Order allowing withdrawal cannot constitute a decree - It cannot debar the defendant from taking the defence in the second round of litigations..........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Agreement to sell - Specific performance - Filing of suit during pendency of suit for permanent injunction - When suit for injunction filed cause of action for filing suit for specific performance was not available to plaintiff - Cause of action in a suit for permanent injunction is different than the one in a suit for..........
Punjab Land Revenue Act, 1887, Section 111, 116, 117, 118, 119, 120, 121, Specific Relief Act, 1963, Section 37 -- Mode of partition - Ex-parte proceedings - Civil suit for injunction by the respondent, proceeded ex-parte - Injunction refused. Held - Civil Suit for injunction is different from partition proceedings. Injunction normally refused qua another co-sharer of a..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Co-owners - Raising of construction - Not permissible before getting the land partitioned - Raising of construction is likely to affect the rights of plaintiff - Rights of co-sharer are required to be protected - Held, defendant rightly restrained from raising construction...........
Specific Relief Act, 1963, Section 37, 38 -- Injunction - Plaintiff is not entitled to injunction merely on the basis of three stray entries in Khasra Girdwari and the same not incorporated in any Jamabandi...........
Limitation Act, 1963, Article 58, Specific Relief Act, 1963, Section 34, 36 -- Suit for declaration of title and injunction - Defendant claiming title in himself on basis of entry in record of rights - Suit filed within three years of date of getting knowledge about entry in record of rights - Held, suit is not barred by limitation...........
