Civil Procedure Code, 1908, Section 47 -- Execution - Objection - Decree for specific performance - Delivery of possession - Plea regarding mortgage - Rights of mortgagee if any remain protected in accordance with law and such plea cannot be used by JD to resist delivery of possession to DH - Moreover, no objection relating to pendency of a revenue suit, interim injunction..........
Specific Relief Act, 1963, Section 38 -- Suit for injunction - Conduct of defendant in instituting a separate suit after grant of injunction in favour of plaintiff, while concealing earlier injunction order and securing an ex parte order which was subsequently vacated, lends support to inference that defendants attempted to disturb settled possession of plaintiff rather..........
Specific Relief Act, 1963, Section 38 -- Suit for injunction simpliciter relating to immovable property - Determinative factor is possession of parties on the date of institution of suit...........
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..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Interim order which recognizes or confers possession and effectively decides main controversy amounts to virtually decreeing suit at an interlocutory stage, which is impermissible in law - Impugned order set aside - Parties directed to maintain status quo with respect to suit property...........
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...........
Specific Relief Act, 1963, Section 38 -- Suit for permanent injunction - Suit property was subjected to auction in execution of a money decree and said sale was confirmed in favour of predecessor-in-interest of appellant - Title in immovable property vests in auction purchaser on confirmation of sale - If auction purchaser gets possession and is in possession on date of..........
Civil Procedure Code, 1908, Order 21, Rule 32 -- Execution - Decree for permanent injunction - Once on the date of decree, defendant has not been found in possession and decree of permanent injunction has been issued against them, then neither executing Court nor High Court can go behind decree to hold that JDs are in possession prior to decree - Argument raised by JD..........
Specific Relief Act, 1963, Section 37 -- Injunction - A person files a suit for injunction against person who tries to interfere with his possession and not against any other person...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Plaintiff failed to establish his possession over suit property as on the date of filing of application for interim injunction - Prayer of plaintiff for ad interim injunction against defendants can only be founded on prima facie case, balance of convenience and irreparable injury which in turn would..........
