Specific Relief Act, 1963, Section 38, 39 -- Suit for permanent and mandatory injunction - Encroachment by defendants - Plaintiff had set up a clear case regarding property in question being of `R' who had executed Will in favour of plaintiff and they have been in possession - Plea taken by defendants that property was joint land is not proved - Encroachment made by..........
Specific Relief Act, 1963, Section 38, 39 -- Permanent and mandatory injunction - Restraining defendants from interfering in peaceful possession of suit property - Plaintiffs have not filed any document on record to establish that property described at the foot of plaint is disputed abadi land - Burden is upon plaintiff to prove said fact, however, he failed to do so -..........
Limitation Act, 1963, Article 65 -- Limitation - Suit for restoration of possession, permanent and mandatory injunction - Plaintiff filed the suit seeking restoration of possession based upon title of plaintiffs to suit property - Institution of suit thus, was governed by Art.65 of Limitation Act - Defendants had pleaded permissive possession and not urged any hostility or..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for mandatory injunction - Plaintiff failed to prove its case - Trial Court dismissed the case - Appellate Court while affirming finding of trial Court has recorded a finding that plaintiff cannot take advantage of lacuna in the case of defendant to obtain a decree in his favour as plaintiff has to stand on..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit for mandatory injunction - Preventive relief by way of temporary injunction can be granted...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for declaration and prohibitory injunction - Relief of mandatory injunction sought by way of amendment of plaint - Though averments in plaint are incomplete to seek a relief of mandatory injunction, it cannot be found that by proposed amendment, plaintiff seeks to introduce a totally new and..........
Protection of Women From Domestic Violence Act, 2005, Section 2(q), 12 -- Respondent - Suit for mandatory and permanent injunction - For the purposes of determination of right of defendant/daughter-in-law u/ss 17, 19 r/w S.26 of PWDV Act in suit in question, plaintiff/father-in-law can be treated as `respondent' - But for grant of any relief to defendant or for successful..........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Suit for mandatory and permanent injunction - Plaintiff claimed that he is sole owner of suit property - Defence of defendant is that suit property is shared household and she has right to reside in the house - However, trial Court decreed the suit on basis of admission made by defendant in her..........
Civil Procedure Code, 1908, Order 1, Rule 10, Protection of Women From Domestic Violence Act, 2005, Section 17, 19 -- Impleadment of husband/son - Suit for mandatory and permanent injunction filed by father-in-law against daughter-in-law - Plaintiff/father-in-law has not claimed any relief against son, thus he is not necessary party - But in view of fact that..........
Civil Procedure Code, 1908, Order 39, Rule 1 -- Temporary injunction - In a suit for mandatory injunction, no relief of temporary injunction can be granted, which will amount to passing a decree of mandatory injunction itself...........
