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 directing appellant to deliver vacant possession - Suit for mandatory injunction arising from landlord tenant relationship between parties - Relationship was lawfully terminated by service of notice u/s 106 of T.P. Act - Tenant is obligated to deliver possession to lessor upon termination of tenancy in terms of..........
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..........
Specific Relief Act, 1963, Section 39 -- Mandatory injunction - Encroachment - Plaintiff failed to establish alleged encroachment by defendant - Though plaintiff contended that defendant encroached upon his property in the year 2005, inaction by plaintiff in taking any steps against defendant would go to show that said contention is false - Considering evidence of PW1 and..........
Specific Relief Act, 1963, Section 38, 39 -- Permanent and mandatory injunction - Revenue records reflected joint ownership of suit land - Defendant admitted family settlement and plaintiff's exclusive possession of portion of suit property - Defendant's unambiguous acknowledgement of family arrangement carried decisive weight in upholding plaintiff's claim - Courts below..........
Specific Relief Act, 1963, Section 39 -- Mandatory injunction - Encroachment - Plaintiff neither pleaded nor proved the date, month or year of construction - She also failed to produce any site plan depicting the alleged encroachment or any demarcation report to substantiate her claim that defendant has raised construction over her land - Moreover, plaintiff did not step..........
Specific Relief Act, 1963, Section 39, Protection of Women From Domestic Violence Act, 2005, Section 17(2), 19 -- Suit for mandatory injunction against daughter-in-law - Daughter-in-law obtained residence order u/s 19 of PWDV Act - Occupation or residence of daughter-in-law could only be a permissive occupation which does not amount to legal possession, as she is residing..........
Specific Relief Act, 1963, Section 39, Protection of Women From Domestic Violence Act, 2005, Section 17(2), 19 -- Suit for mandatory injunction against daughter-in-law under PWDV Act is maintainable to evict her under PWDV Act, as it is a procedure established by law referred u/s 17(2) of PWDV Act to evict or exclude the aggrieved person, even if she obtains a residence..........
Specific Relief Act, 1963, Section 38, 39, Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for perpetual and mandatory injunction - Framing of suit was not an issue before trial Court and first appellate Court - Non-suiting plaintiff by High Court on that ground is unsustainable - High Court ought to have accepted plaintiff's case by appreciating documents..........
Specific Relief Act, 1963, Section 39 -- Mandatory injunction - Demolition of three public utility constructions - Disputed constructions have been raised on the main road which is 5 feet below the road adjacent to plaintiff's house - Right of frontage if any available to plaintiff is clearly not obstructed by any of disputed constructions - Plaintiff not entitled to any..........
