Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Tenant - Petitioner shown as tenant in cultivating possession of the land since long - Mere fact that land was shown vacant for three crops in between does not mean that tenant is no more in possession - Petitioner in continuous cultivating possession from 1992 to 1996 subsequent to the period land..........
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,..........
Specific Relief Act, 1963, Section 36, 37 -- Injunction against true owner - Title claimed on the basis of adverse possession - A tenant can never claim adverse possession against the true owner - Defendant proved by oral as well as documentary evidence his title and ownership - Concurrent findings of fact recorded by both the Courts below against the plaintiff on proper..........
Civil Procedure Code, 1908, Order 39, Rule 1,2 -- Mandatory injunction - Interim relief - Tenant forcibly dispossessed - Suit for restoration of possession - Local Commissioner ordered to lock the premises - Revision against - Facts disputed - Order of locking the premises maintained with a direction to expedite the suit to be concluded within three months...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Notice by Municipality for demolition of unauthorised building - Injunction suit by tenant - Held, landlord is a necessary or proper party to the suit for perpetual injunction - Order of trial Court impleading applicant as a party - Upheld...........
Public Premises (Eviction of Unauthorised Occupants) Act, 1971, Section 10 -- Bar of jurisdiction - Provision creates a bar only for grant of injunction against the execution of orders passed by the Estate Officer and the appellate authority - The jurisdiction of the Court to adjudicate on the question whether a person was a tenant or not has not been taken away of S.10...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Electricity supply to tenant - On an application by plaintiff the electricity Board disconnected power line to the house of tenant - Plaintiff seeking injunction restraining Electricity Board from reconnecting power line to the house of tenant - Held, injunction will cause serious inconvenience to tenant - Finding of trial..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- An interim injunction sought from interference in peaceful possession and enjoyment of suit premises till evicted under law - Plaintiff's brother was tenant against whom order of eviction passed - Plaintiff not made party to the eviction proceedings - Plaintiff failing to establish that he is in possession in his own right..........
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, 2 -- Ad interim injunction - Eviction decree - Stay of execution of eviction decree sought by married daughter of deceased original tenant who was not a party to the eviction petition - Eviction decree becoming final into Supreme Court - Held, injunction should not be granted unless there is positive evidence of her..........
