Specific Relief Act, 1963, Section 34, 36 -- Suit for declaration of title and injunction - Widow claiming title to property gifted to her husband by way of registered gift deed when he was alive - Her brother claiming title to property on basis of entry in record of rights - Presumption arising from entry in record of rights is rebuttable presumption and cannot prevail..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - In favour of defendant - Cannot be granted restraining plaintiff from interfering in his peaceful possession in a suit filed by plaintiff for relief of perpetual injunction restraining defendant from interfering in his peaceful possession...........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 2 -- Injunction - Courts have jurisdiction to pass an order of injunction not only U.O.39.R.2 CPC but also under Section 151 thereof...........
Civil Procedure Code, 1908, Section 115, Constitution of India, 1950, Article 227 -- Maintainability of revision - Suit for permanent injunction - Dismissed - Challenge to the observations made in one of the issues - Issue decided against plaintiff - Revision challanging said observation/ discussion not maintainable...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendant from raising construction or altering nature of suit property - Construction complete upto lintel level when suit was filed - Nature of suit land already changed by constructing a building - Defendant if restrained from completing building then it will cause serious prejudice to..........
Possession -- Rights of perspective vendee - Land leased to plaintiff/respondent - Subsequently mortgaged - Later on parties entered into an agreement to sell - Suit for specific performance by vendee - Application for interim injunction - Plaintiff/respondent in lawful possession of land - Defendant/petitioner restrained from taking possession illegally and forcibly -..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration to give effect to compromise decree - Earlier suit for permanent injunction filed - Compromise between the parties - Suit dismissed as compromised - Subsequent suit filed to give effect to compromise decree - No executable decree passed in previous suit - No declaration for enforcement of unexecutable decree can..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Availability of such a right to defendant - Initially restraint order passed from interfering in peaceful possession of plaintiff - Just after five days defendant seeking temporary injunction against plaintiff from changing nature of agricultural land and from selling of land to third parties -..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendant from raising construction - More than four stories already constructed - Plaintiff has slept over his rights - A person who has slept over his rights is not entitled to equitable relief of injunction...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Electricity - Disconnection - Temporary injunction - Body seal and terminal of meter found to be tampered - Misuse of energy alleged - Consumption of power showing consistent use both during the pre and post period of dispute - Strong prima facie case in favour of plaintiff - Use of electricity is not a luxury but a dire..........
