Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Co-sharers - Co-owner in exclusive possession of a specific portion of joint land is entitled to seek protection against interference by other co-sharers and that no co-sharer has right to alter or change the nature of portion under exclusive possession of another - Application rightly allowed...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Restraining licensor/owner of property from terminating lease - Licensee cannot seek a pre-emptive injunction from termination of license - Only recourse available to licensee is to seek compensation for loss suffered but licensee cannot secure an order of injunction of termination of license by..........
Co-sharers -- Un-registered memorandum of partition - Memorandum of partition was acted upon and pursuant thereto part of suit land was sold by one of co-owner - Plaintiff did not challenge said sale deeds for a period of nearly 20 years and filed civil suit only in 1994 - Since the memorandum of partition was acted upon and remained unassailed for nearly two decades and..........
Protection of Women From Domestic Violence Act, 2005, Section 17 -- Right of residence - Shared household - Widowed daughter-in-law is not entitled to claim right of residence for two reasons i.e. it is upon her own volition that she stopped residing at suit property for past 13 years and secondly, right of residence provided under S.17(1) of the Act, stood curtailed as..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Foundational documents relied upon by plaintiff i.e mortgage deed cum lease deed is neither registered nor sufficiently stamped and is therefore, inadmissible - Moreover, plaintiff attempts to secure temporary injunction in effect seeks to restrain rightful owner and purchaser from asserting rights..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Injunction against dispossession - Plaintiff being real owner is seeking injunction against his dispossession without prima facie showing that he is in possession of portion of suit land - Proper course for plaintiff is to file a suit for possession or mandatory injunction against defendants who are..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Appellant is incontrovertibly absolute owner of property with disputed area constituting merely a fraction of entire premises - He has already entered into an agreement to redevelop the property - In these circumstances, restraint imposed by impugned injunction order significantly circumscribes..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit for specific performance, cancellation of sale deed executed by owner in favour of Respondent No.2 and suit for permanent injunction - Plaintiff ready and willing to make the balance payment and getting sale deed executed in his favour - Prima facie case is in favour of plaintiff - Plaintiff..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 27 -- Bar of jurisdiction of Civil Court - Plaintiff/senior citizen is owner of house in question and he is not seeking any maintenance or protection from defendants, who are his son, grandson and daughter-in-law - He is simply seeking mandatory injunction to direct defendants to vacate portion of..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23 -- Property of father - Eviction of son - Merely because property belongs to senior citizen, it is not necessary or mandatory to pass an order of eviction in every case, particularly when claim of son regarding 1/6th share and cancellation of gifts and sale deeds is pending adjudication before..........
