Transfer of Property Act, 1882, Section 105 -- Lease - Document's nomenclature, text and context lead to only one conclusion that it was a lease for 99 years - Unilateral cancellation is illegal and it should be understood as having interfered with rights of plaintiff to remain in possession of suit property for 99 years - Suit for declaration of leasehold rights, recovery..........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Tenancy on payment of yearly Lagan - Lease document not produced - Only on basis of Lagan receipts, plaintiff cannot be considered to be a tenant - Possession at best can be termed as licencee for a particular period and thereafter possession was as a trespasser - Suit rightly dismissed...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Suit for declaration and specific performance - Once it appears from material on record that lease agreement between parties is determinable in its nature, in the face of provisions contained in S.14(d) of Specific Relief Act no specific performance of contract of lease agreement can be granted by..........
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..........
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, Section 100 -- Second appeal - Suit for declaration and permanent injunction - Allotment of poultry farm - Both the Courts below elaborately discussed the evidence led by parties and during inspection, no poultry farm was found running - There was no chicks in it - Notice was given to plaintiff on violation of conditions mentioned in lease deed..........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Plaintiff leased out the suit property to defendant no.1 and also empowered him to lease out the same to second defendant for the purpose of putting up a retail outlet - No case is made out that defendants intended to sub-lease the suit property to any other third party - While the plaintiff consented for..........
Specific Relief Act, 1963, Section 39 -- Mandatory injunction - Disputed land given on lease by defendant to plaintiff - As per lease conditions lease can be terminated after giving notice but no such notice was given - Defendant built two walls thus causing difficulty to the business of plaintiff, for which he had no right - Trial Court ordered to remove the obstruction -..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendants (first set) from running brick kiln business over suit property - Property in question was joint property of plaintiffs and defendants (second set) - Lease which is alleged to have been executed by defendants (second set) in favour of defendants (first set) to the extent of..........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Suit for permanent injunction - Defendant admitted that he is residing in same property with plaintiff and after a lapse of 7-8 years he has filed an application U.O.7.R.11 CPC alleging that plaintiff has played fraud terming lease deed to be sale deed - However, it cannot be said that averment made..........
