Will -- Declaring Will "dubious" at interlocutory stage of deciding application for interim injunction - Trial Court ventured into midst of document, effectively prejudging an issue that ought to be tried in full evidence - This amounts to a jurisdictional error, as Courts dealing with interlocutory reliefs must confine themselves to assessing i.e prima facie case,..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Co-sharers - Injunction should not be granted against a co-sharer, except in exceptional cases, and certainly not when issue of relationship and legitimacy itself is partly contested between parties...........
Specific Relief Act, 1963, Section 38 -- Suit for bare injunction - When plaintiff is in possession of suit property on the date of filing of suit, other than issue regarding possession in a suit for permanent injunction, Court cannot touch upon title issue - Suit rightly decreed on basis of oral and documentary evidence placed on record...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendants from interfering with peaceful possession of plaintiff over suit property - Relationship between parties was of a licensor and licensee agreement - Actual possession remained with defendants - Licensee agreement specifically prohibited any changes in nature of property and..........
Civil Procedure Code, 1908, Order 39, Rule 2A -- Status quo order - Violation - Once petitioner has approached Court of competent jurisdiction with regard to grievance raised by him and matter is pending, then even if there are allegations of violation of order of interim injunction, trial Court is fully empowered to consider and decide the same in light of provisions..........
Agreement to sell -- Specific performance - Earlier suit for bare injunction filed in 2001 - Possession had been handed over to plaintiffs pursuant to agreement - However, in subsequent suit for specific performance, delivery of vacant possession is prayed stating that defendants failed to hand over possession within stipulated time - This inconsistency in plaintiffs own..........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Issue as regards to claim of defendant that he has been in occupation of property for nearly 60 years already decided against him in injunction suit filed by him - Defendant has not proved his title to property in said suit, thus his present claim is barred by principles of res-judicata...........
Specific Relief Act, 1963, Section 34 -- Suit for declaration of title and recovery of possession - Defendant had trespassed and entered upon possession of property - Even in injunction suit filed by defendant, he had admitted that he had been in possession of 100 Sq.Ft of land in Schedule-A property as a lessee only - He had not whispered his occupation of Schedule-A..........
Damages -- Damages for use and occupation of property under Schedule-B - Property in question purchased by plaintiff and in a portion, defendant was granted license to take care of cattle belonging to her - Since, there was no necessity for continuation, such license was revoked - Defendant has been in unlawful possession of suit property - In spite of order of ejectment..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - For granting interim injunction, three factors are required to be considered i.e. prima facie case, balance of convenience and irreparable loss...........
