Specific Relief Act, 1963, Section 39 -- Mandatory injunction - Directing defendants to vacate the suit property - Plaintiff is father of defendant No.1 - Suit property belongs to father - Nature of possession of defendants being that of a licensee and there is series of litigation between them - Concurrent findings of facts rendered by two Courts below would clearly show..........
Specific Relief Act, 1963, Section 39 -- Mandatory injunction - Licence - Termination of licence - Owner of immovable property on termination of licence is entitled to maintain a suit for mandatory injunction against the licensee to vacate the property...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendant-owners from dispossessing respondent from suit hospital - Respondent is admittedly, running and is in possession of suit hospital for more than 13 years by three agreements - Respondent claims that he is a tenant while defendant-petitioner claim that respondent was a mere..........
Specific Relief Act, 1963, Section 37, 38 -- Injunction - Trespasser - Person in possession not owner or tenant or licensee - Status of such a person is that of a trespasser - Trespasser is not entitled to injunction against true owner...........
Specific Relief Act, 1963, Section 38 -- Suit for permanent injunction - Possession in pursuance of oral agreement to sell - Injunction sought restraining defendant from eviction plaintiff otherwise than in due course of law and not to transfer the disputed land and interfere in the peaceful possession - Such unregistered agreement does not create any right of plaintiff -..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Easements Act, 1882, Section 52 -- Ad interim injunction - Licensee - In case of a license, if the licensor revokes the licence, the licensee is left with no legal right in the property and is, therefore, not entitled to temporary or permanent injunction against the licensor...........
Easement Act, 1882, Section 64 -- Licence - Licensee is entitled to a reasonable time to leave the property on revocation of the licence and also to remove his good in such property - When licence is revoked without providing such reasonable time, he cannot claim an injunction to continue for user of the land after revocation of the licence - His remedy is only to sue for..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Licensee - After expiry of licence period is not entitled to injunction against his eviction or disturbance of possession against owner as his possession is that of a trespasser...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Licensee - After expiry of license period possession of licensee becomes unlawful - Hence, licensee is not entitled to injunction after expiry of license period. (Indian Easements Act, 1882, Ss.52, 62(c)...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction in a suit for injunction restraining defendant-Nagar Palika (Municipal Committee) from dispossessing plaintiff from Khokha otherwise than in due course of law - Licensor if revokes licence - Licensee left with no right in property - Not entitled to temporary or permanent injunction against licensor -..........
