Specific Relief Act, 1963, Section 38, 39 -- Permanent and mandatory injunction - Revenue records reflected joint ownership of suit land - Defendant admitted family settlement and plaintiff's exclusive possession of portion of suit property - Defendant's unambiguous acknowledgement of family arrangement carried decisive weight in upholding plaintiff's claim - Courts below..........
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..........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Common wall - As per sale deed wall is part of house - It is also mentioned that south side partitioned wall was constructed by plaintiff from his own cost and he will construct the two storied house over the same - Plaintiff got permission of Nagar Palika for construction of north side wall and thereafter he..........
Civil Procedure Code, 1908, Order 21, Rule 35 -- Execution - Decree for possession - Suit for declaration, possession and mandatory injunction - Direction for removal of construction by Executing Court - Validity - Executing Court while executing a decree for possession is entitled to pass such incidental, ancillary or necessary orders for effective enforcement of decree..........
Specific Relief Act, 1963, Section 38, Haryana Municipalities Act, 1973, Section 208 -- Permanent Injunction - Restraining defendant from demolishing any portion of bathroom/toilet - Construction raised in the year 1978 and notice to demolish issued in the year 2013 - A notice u/s 208 of Haryana Municipal Act, 1973 can only be issued within six months from the completion..........
Evidence Act, 1872, Section 115 -- Principle of acquiescence - If suit is filed for recovery of possession and there is claim of ancillary relief, a mandatory injunction for removal, then acquiescence cannot come in the way - But where plaintiff does not ask for mandatory injunction directing defendant to demolish construction, court may take into account the factor that..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Both the parties claiming to be entitled to the property - Issue as to who is entitled and shares to which are entitled - To be decided after trial of case - In the mean time property needs to be protected - Order restraining defendant from transferring or from alienating the property in dispute..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Restraining Municipal Council from demolishing the house - Raising construction without obtaining sanction - Municipal Council is competent to demolish - Ad interim injunction declined - No interference...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Inheritance of property by two brothers in equal share by way of Will - Plaintiff claiming to be in possession of room on first floor on portion of his brother - Brother sold out his share - Plaintiff seeking restraint order from demolishing house resulting in demolish of room in his possession on..........
Co-owner -- Court passed interim order requiring parties to maintain status quo in a suit for prohibitory injunction to restrain defendants from effecting construction on joint land and in case defendants succeeded in effecting construction that structure be demolished and land restored to its original position-Finding that plaintiffs joint owners and also in joint..........
