Civil Procedure Code, 1908, Section 144, Order 39,, Rule 1, 2 -- Restitution - Dispossession alleged after order of status quo - Interim mandatory injunction granted - Possession recovered back through the process of Court during the pendency of proceedings before Higher Courts - Order granting interim mandatory injunction set aside by Supreme Court - Defendants entitled..........
Civil Procedure Code, 1908, Section 11, Order 2, Rule 2 -- Agreement to mortgage - Possession delivered - Suit for injunction filed before accrual of cause of action for filing suit for specific performance - Suit for specific performance is not barred U.O.2.R.2 CPC nor suit is barred u/s 11 CPC as issues in earlier suit and suit for specific performance are entirely..........
Civil Procedure Code, 1908, Order 2, Rule 2 -- As per agreement, Mortgage deed is to executed and registered on 1.5.1978 - Suit for permanent injunction filed on 19.10.1977 - Later on, suit for recovery or in alternative suit for possession by way of specific performance of agreement filed - Cause of action for filling subsequent suit arose on or after 1.5.1978 - Suit not..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Suit for injunction - Plea justifying claim for restoration of possession by way of amendment - Not inconsistent or disruptive of the original plea...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Defendant seeking injunction against plaintiff - Suit for injunction restraining defendant from interfering with possession and from demolishing structure - Defendant seeking injunction restraining plaintiff from carrying on with construction as plaintiff's father had executed agreement to sell suit property to defendant -..........
Specific Relief Act, 1963, Section 37 -- Joint owners - Suit for permanent injunction restraining the defendants/co-owner from interferring in possession and dispossessing plaintiff from the suit land - Plaintiff in exclusive possession of suit land - One of the joint owners of the suit land - Recorded as joint owner in possession in revenue record - Could not be..........
Specific Relief Act, 1963, Section 37 -- Suit for permanent injunction - Interference in possession - Land belonging to the proprietors of the village - Plaintiff in exclusive and peaceful possession over the suit land - Admitted ownership of the defendants - Plaintiff also one of the proprietor - Proprietors of village could seek possession of property after seeking..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Co-sharers - Land not partitioned - There can be no alienation of specific portion of land - Parties to maintain status quo with regard to possession as well as alienation...........
Specific Relief Act, 1963, Section 38 -- Perpetual injunction - Restraining interference in possession - Plaintiff in possession for considerable period - Plaintiff not to be dispossessed except by due process of law...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad-interim injunction - Sale of specific portion of land - Joint land - No partition by metes and bounds - Co-sharer cannot alienate any specific portion of land - Parties directed to maintain statusquo regarding possession as well as alienation...........
