Specific Relief Act, 1963, Section 38, 39 -- Suit for permanent and mandatory injunction - Restraining defendants from unauthorized construction over suit property - Construction over suit property already completed - Concerned authority is thus, directed to take action in a time bound manner with respect to any unauthorized construction over suit property - Directions..........
Civil Procedure Code, 1908, Order 41, Rule 11 -- Second appeal - Suit for possession and mandatory injunction - Plaintiff failed to establish his prior possession of suit property before 2011 when allegedly defendants made a construction on suit land - There was nothing before Court from which Court could even remotely hold that suit land belonged to..........
Agreement to sell -- Specific performance - Legal notice claiming readiness and willingness issued on 12.11.1996 but suit filed on 13.10.1999 and that too for mandatory injunction - Plaintiff not entitled to discretionary relief of specific performance...........
Civil Procedure Code, 1908, Section 149 -- Payment of deficient Court fee - Agreement to sell - Plaintiff filed suit for mandatory injunction after more than three years of date fixed under agreement of sale and valued the same and paid Court fee accordingly - He chose to pay proper Court fee after being confronted with an application for dismissal of suit - Plaintiff..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for mandatory injunction - Amendment sought for incorporating relief of mesne profits - Amendment in question cannot be said to be a subsequent event that plaintiff was not aware of at the time of filing suit - Suit is filed in the year 2007 and amendment application filed in 2014 - However, there..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Subsequent development - Amendment sought to incorporate subsequent developments occurred after filing of suit and for additional prayer for mandatory injunction, as defendants have formed road in suit land by encroaching property of plaintiff - Since amendment is with regard to subsequent development,..........
Specific Relief Act, 1963, Section 38, 39 -- Suit for prohibitory and mandatory injunction - Restraining defendants from interfering with exclusive usage of street by plaintiff - Street in question earlier formed part of private property of family of plaintiff and defendants - It is not a common property of village - Street in question was meant and was left during..........
Civil Procedure Code, 1908, Order 39, Rule 2A -- Proceedings U.O.39.R.2-A CPC- Available only during pendency of suit and not after conclusion of trial - Any undertaking given to Court during pendency of suit on basis of which suit itself has been disposed of, becomes a part of decree and breach of such undertaking is to be dealt with in execution proceedings U.O.21.R.32..........
Civil Procedure Code, 1908, Order 7, Rule 11, Court Fees Act, 1870, Section 7 -- Rejection of plaint - Court fee - Suit for specific performance in the garb of suit for declaration and mandatory injunction - Plaintiff cannot be permitted to avoid to pay ad valorum court fee by simply using different words and language - Order to pay ad valorum court fee on the..........
Specific Relief Act, 1963, Section 39 -- Mandatory injunction - Eviction of daughter-in-law from suit property - Relationship between husband and his parents are not acrimonious - Daughter-in-law was clearly living with her i, laws and her husband till disputes arose between her and her husband - Relationship between parties is not congenial - Daughter-in-law residing in..........
