Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Un-stamped agreement to sell - Agreement to sell is neither registered nor sufficiently stamped - Said agreement to sell could not have been considered for any purpose for accepting plaintiff's case - However, when defendant has not denied execution of document, so also receipt of part of..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Claim of plaintiff is based on agreement to sell - Plaintiff was not able to prove prima facie case in his favour - Merely by producing photographs etc. petitioner could not prove his possession over plot in dispute - Defendants produced a number of documents to demolish case of plaintiff and were..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Status quo - Plaintiff, having agreement to sell in her favour does deserve the protection of her rights qua the property in question - If no interim order is passed in her favour and the property is further transferred or alienated, no adequate relief would be granted to her if the suit is ultimately decreed in her favour..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit for permanent injunction solely based on agreement to sell - Agreement to sell is not a conveyance and it does not transfer ownership rights or confer any title - There is no other document on which reliance is placed by plaintiff - Any of three ingredients for grant of temporary injunction are..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Both trial Court and Appellate Court on basis of evidence led by parties came to conclusion that prima facie plaintiff was residing in the house built by his father and defendant was trying to sell it off - Said apprehension was fortified by agreement to sell made out after order of trial Court for..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit for specific performance - Defendants neither denied their signatures on agreement to sell nor alleged that agreement is a forged and fabricated document - Serious questions of fact and law are involved between parties which can be adjudicated after recording of evidence of both the parties..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Application U.O.39.Rr.1, 2 CPC refused on the ground that third party in whose favour registered agreement to sell has been executed not joined - However, since new purchaser has been joined in as party before trial Court, Trial Court directed to hear the injunction application afresh...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Buyer and seller, both filed suits, with respect to agreement to sell - Order of status quo passed in suit filed by buyer - An order passed in the subsequent suit filed by seller restraining buyer from causing any interference and encroachment over the suit property in any manner - There has to be..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Agreement to sell executed by owner in favour of appellant - Son of owner on the basis of power of attorney sold the property to respondent - Appellant filed suit for specific performance and cancellation of sale deed executed in favour of respondent - Respondent is a bona fide purchaser for..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit for specific performance - Agreement to sell gives prima facie impression that it is transcribed on a signed stamp paper and thereafter signatures of witnesses as well as plaintiff have been appended - Words `Shree Ganeshaya Namah' is placed at such a place which appears to have been done for..........
