Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Partition suit - Plaintiff and defendants both are having equal right over property in dispute unless it is divided as a consequence of partition suit - Therefore, to protect the property there is prima facie case and balance of convenience in favour of plaintiff as well as defendants also - Though..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit for specific performance, cancellation of sale deed executed by owner in favour of Respondent No.2 and suit for permanent injunction - Plaintiff ready and willing to make the balance payment and getting sale deed executed in his favour - Prima facie case is in favour of plaintiff - Plaintiff..........
Agreement to sell -- Suit for specific performance on basis of unregistered agreement to sell - Order passed as to status quo in respect of title and possession till disposal of suit - Suit for specific performance of an unregistered agreement of sale is maintainable - No error committed by trial Court while granting injunction in favour of plaintiff...........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 11 -- Striking off defence - Violation of ad interim injunction order - Defendant had specific knowledge of interim order of injunction as passed by trial Court, inspite of which sale deeds came to be executed by him - Action of defendant amounting to willful and intentional defiance of order - Defendant even..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit for cancellation of sale deed and permanent injunction - Suit filed after 24 years of execution of sale deed - Plaintiff came out with a very weak case that his father orally gifted the suit property to him that too three years after execution of sale deed in question - No prima facie case is..........
Registration Act, 1908, Section 17(1)(A) -- Agreement to sell - Possession delivered - Agreement unregistered - Held, plaintiff cannot claim possession or right in immovable property on the basis of unregistered agreement of sale, as it is not admissible in evidence and cannot be looked into for purposes of deciding the case - Plea of plaintiff that unregistered document..........
Civil Procedure Code, 1908, Order 39, Rule 2A -- Breach of injunction - Transferee pendente lite - Sale after passing of order of status quo - Vendee not a party to the suit - An application for impleading vendee as a party to the suit was disallowed - There was no order against vendee - Vendee could not be said to have disobeyed the status quo order and further he cannot..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit for cancellation of sale deed - Order of status quo - Defendant by filing counter claim seeking relief of possession - Shows that defendant is not in possession - No factual or legal error in the order impugned...........
Registration Act, 1908, Section 34, 35 -- Sale deed - Registration - Sub Registrar can refuse to register sale deed when an order to maintain status quo regarding possession had been passed by the competent Court when there is clear recital in the sale deed that possession forming the subject matter of sale is delivered to the plaintiff - Though scope of enquiry by Sub..........
Civil Procedure Code, 1908, Section 151 -- Possession delivered in pursuance of a decree for specific performance and execution of sale deed - J.D. filed injunction suit and obtained interim order to maintain status quo in respect of suit property - Stay order granted and extended from time to time - However, order of status quo was not in existence on the date of issue of..........
