Specific Relief Act, 1963, Section 38, 39 -- Suit for permanent and mandatory injunction - Restraining defendant from alienating plot allotted in lieu of acquisition of land - Agreement of sale executed between plaintiff and respondent and during subsistence of said arrangement, land in question came under acquisition and land vested in State - Once acquisition machinery..........
Specific Relief Act, 1963, Section 39 -- Mandatory injunction - Encroachment - Plaintiff failed to make out prima facie case that he has exclusive title over disputed portion - When there is a dispute over title of property by rival parties, plaintiff ought to have amended suit including prayer for declaration of title - Since plaintiff failed to do so, he is not entitled..........
Easements Act, 1882, Section 13 -- Easement of necessity - Land in question was purchased by plaintiff which previously formed part of land owned by predecessors-in-interest of defendants - However, it became a servient tenement upon its declaration as surplus area followed by allotment to Diwana, who happen to be father of vendor of plaintiff - Plaintiffs have no other..........
Specific Relief Act, 1963, Section 38, 39 -- Permanent prohibitory and mandatory injunction - Land in question is joint - Since, defendants are trying to occupy the portion of joint land and exclude plaintiffs from its use, they are entitled to seek relief of prohibitory injunction and mandatory injunction - They need not seek relief of partition or declaration of title...........
Specific Relief Act, 1963, Section 39 -- Suit for mandatory injunction - Property under unlawful possession of defendant - Failure to seek declaration and recovery of possession is a legal hurdle in grant of any relief to a suitor - Suit rightly dismissed...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Deficient Court fee - Suit for declaration and mandatory injunction - Declaration and consequential relief claimed distinct to each other - Injunction claimed is not consequential to the declaration made - Relief of declaration and injunction needs to be valued separately and ad valorem court fee is..........
Court Fees Act, 1870, Section 7(i) -- Ad valorem Court fee - Plaintiff under the garb of suit for declaration with mandatory injunction, is seeking recovery of specified amount of Rs.15 lakhs as damages - It is thus, a suit for money - Ad valorem Court fee as per S.7(i) of the Act is payable according to amount claimed by plaintiff...........
Specific Relief Act, 1963, Section 34, 39 -- Suit for declaration and mandatory injunction - Plaintiff on the basis of sale deed filed suit for declaration of his title to `A' scheduled property and for declaration that `B' scheduled property is a common property - Case of plaintiff is duly established by said sale deed - Title of defendant over suit property as claimed by..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Deficient Court fee - Plaint termed as one for declaration and mandatory injunction - However, relief sought is for recovery of excess amount - By merely suitably wording plaint and making prayers for declaration and mandatory injunction with consequential relief would not change nature of substantial..........
Civil Procedure Code, 1908, Section 9 -- Jurisdiction of civil Court - Suit for permanent and mandatory injunction - Name of plaintiff recorded in revenue record - Plaintiff has a right to seek remedy before Civil Court, as no declaration of title is involved...........
