Specific Relief Act, 1963, Section 38 -- Permanent injunction - Joint property - Sale of specific portion of undivided property - It is sale of share of vendor subject to partition - Vendor is entitled to hold possession of such specific portion till partition of property - To claim possession of specific portion it has to be proved that vendor was in possession of that..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Concurrent findings of both Court below that plaintiff has no title to land in question - Report of Commissioner on possession of land is of no benefit to plaintiff - Fact of dismissal of earlier suit and settlement between parties suppressed - Application for temporary injunction rightly rejected...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Co-owner in exclusive possession raising construction - A co-owner who is not in possession of any part of property is not entitled to seek injunction against co-owner who is in exclusive possession of suit property, unless act of person in possession of suit property amounts to ouster, adverse to..........
Civil Procedure Code, 1908, Order 21, Rule 32 -- Injunction decree - Execution - Plaintiff held to be in possession of 28 Kanals 14 marlas - On the basis of Local Commissioners Report and evidence led by parties Executing Court held that D.H. is in possession of 24 Kanals 18 marlas - In order to satisfy the decree warrant of attachment issued - Order upheld...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Co-sharers - Raising construction - Plaintiff himself raised construction on the joint property - Held, there is no equity in his favour to challenge the construction to be raised by other co-owner who has been given exclusive possession under a sale deed...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Suit for specific performance - Restraining defendant from alienating the suit property except the plaintiff and from dispossessing plaintiff from the suit land - Held, no consideration or lesser consideration is no ground to reject the suit for specific performance - Plea of limitation is to be..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendant from alienating suit property or creating any charge over the same - Sale of property by father of ancestral property alleged to be without consideration and legal necessity - Vendee put in possession of suit property on the day sale was executed in his favour - Plea that..........
Civil Procedure Code, 1908, Section 100 -- Plaintiff filed suit for permanent injunction against Gram Panchayat asserting his possession over suit land - Defendant took objection of lack of jurisdiction alleging that property is evacuee property vesting with custodian - Held, once the evacuee property stood vested in custodian, jurisdiction of Civil Court is barred...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Specific Relief Act, 1963, Section 37, 38 -- Injunction - A person in wrongful possession is not entitled to an injunction against the rightful owner...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Specific Relief Act, 1963, Section 37, 38 -- Injunction - To get relief of injunction plaintiff has to establish that on date of suit he was in lawful possession of suit property and defendant tried to interfere or disturb such lawful possession...........
