Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Tenant seeking injunction from forcible dispossession by landlord - Trial Court rejected application - Appellate Court granted injunction - Order calls for no interference...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary mandatory injunction - Claiming right to enjoy the tenanted premises by providing reasonable access to tenants - Plea of inconvenience and breach of privacy by landlord - Plea rejected, as in case of conflict between inconvenience and right, latter would prevail - Right comes first, inconvenience later - Right is..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Plaintiff was running his father's business - His younger brother also joined business - Oral arrangement arrived between them that both of them would carry business under same roof by maintaining different counters - Landlord was signatory to said arrangement - Brother of plaintiff went to U.S.A. by..........
Civil Procedure Code, 1908, Order 21, Rule 32, Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 12 -- Suit for permanent injunction - Decreed - Execution of decree passed against landlord restrain him from making holes, pulling down roof of shop - Tenant filed application under Order 21 Rule 32 - Roof of shop already fallen - Executing court directed tenant..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Tenanted premises - Reconstruction of roof by tenant - Tenant is duty bound to maintain leased premises in as good a condition, as they were when they were let out - He has right to effect repairs in tenanted premises in terms of S.108(m) Transfer of Property Act - Provision in Rent Act enabling..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Revenue record, evaluation of entries-Temporary injunction in a suit for permanent injunction restraining defendants from interfering with actual physical possession of plaintiff-Defendants in reply claimed to be in actual physical possession as tenants, earlier their father was tenant of plaintiff and after his death,..........
Civil procedure Code, 1908, Section 144, Order 39, Rule 1, 2, Transfer of Property Act, 1882, Section 52 -- Exparte eviction order - Tenant evicted - Exparte decree set aside and court ordering restitution of possession - In the meantime landlord transferred property who inducted tenant - Tenant filing suit and sought temporary injunction restraining execution of order of..........
Civil Procedure Code, 1908, Order 39, Rule 1 -- Tenant residing in upper floor flats - Stoppage of water supply - Ground of failure of pump set - Ulterior motive alleged by tenant - Alternative arrangement of water supply by landlord at ground floor - Not sufficient - Temporary injunction directing restoration of water supply either by repairing or replacing pumpset can be..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Rent & eviction - Eviction proceedings - Estoppel between landlord and tenant - Plaintiff in possession of industrial sheds in pursuance of lease agreement - Default in payment of rent - Uncertain policy put forth by Govt. for transferring sheds in question hire purchase - Plaintiff never acted upon..........
