Specific Relief Act, 1963, Section 38 -- Injunction - Plaintiff not claiming any right over the land as such Simplicitor suit for injunction against true owner is not maintainable...........
Specific Relief Act, 1963, Section 37, 38 -- Permanent injunction - Once dispute with respect to title is settled and it is held against plaintiff, in that case suit for permanent injunction shall not be maintainable against true owner...........
Specific Relief Act, 1963, Section 38 -- Injunction - On basis of 60 years of possession - Maintainability - A suit for decree for injunction on basis of long possession by any person may be maintainable against the whole world except true owner...........
Specific Relief Act, 1963, Section 6 -- Suit u/s 6 of the Act - Suit is maintainable even against the true owner of the property - Remedy can be invoked only within six months from the date of dispossession...........
Suit for possession -- Maintainable against the whole world except the rightful owner - Suit for possession is not maintainable against the true owner...........
Specific Relief Act, 1963, Section 38 -- Injunction - Possession claimed under agreement to sell - Simpliciter suit for injunction not maintainable without seeking remedy of specific performance as suit for mere injunction does not lie against the true owner...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Punjab Village Common Lands (Regulation) Act, 1961, Section 5A, 5B -- Suit for ad interim injunction - Gift of land vested in Panchayat - Suit land was gifted by Gram Panchayat to plaintiff Trust vide a Resolution u/R.13(1) - Said Rule was later held as ultra vires by Apex Court on the ground of being violative of Ss.5A and..........
Specific Relief Act, 1963, Section 34 -- Adverse possession - Suit for declaration that possession over suit land has been perfected into ownership by way of adverse possession - Plea rejected on the grounds (i) Gram Panchayat local authority within the meaning of Article 12 of the Constitution and plaintiff has not perfected title for last more than 30 years, (ii)..........
Specific Relief Act, 1963, Section 37, 38 -- Suit for permanent injunction - Injunction cannot be granted against the true owner at the instance of a third party - In fact the suit of such a nature is not maintainable...........
Specific Relief Act, 1963, Section 41(j), 4(i), 38 - - Suit for permanent injunction by unauthorised occupant - Not maintainable against true owner...........
