Specific Relief Act, 1963, Section 37, 38, Transfer of Property Act, 1882, Section 53A -- Sale deed executed but not registered in view of restraint order in a separate suit - Admission in sale deed about delivery of possession and report lodged in this respect in rapt rojnamcha wakiati - Admission in unregistered sale deed is qua the executant only and not against others..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Plaintiff failing to prove his settled long possession - Defendant holding registered sale deed executed 20 years back - Balance of convenience not in favour of plaintiff - Plaintiff will not suffer irreparable injury - Refusal to grant injunction as to his dispossession - Proper...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - At appellate stage - Suit for permanent injunction - Amendment of plaint sought to seek relief of possession in the alternative - Amendment does not cause any prejudice to defendant - Nor does it take away any legal rights accrued to defendant - Merits of matter need not be gone into at this stage -..........
Agreement of exchange -- Unregistered - Not admissible in evidence - Injunction cannot be sought to retain possession on the basis of such document. (Registration Act, 1908, S.17)...........
Civil Procedure Code, 1908, Section 11 -- Res judicata - In the previous suit for injunction title was not involved and there was no specific issue of title to the property - As such if Court makes certain observations regarding title in order to ascertain the lawful possession the same cannot be and could not be considered as a finding on title and the same does not..........
Civil Procedure Code, 1908, Order 15, Rule 1 -- Admission or denial in written statement - Interference in possession - Restraint order sought - In written statement defendant asserting that he is not carrying on construction in any one's site and that he does not claim any right in suit land and he has not trespassed into the site, the plaintiff is not entitled to the..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Plot allotted by Society even though Society had no title whatsoever over the property - Allottee seeking temporary injunction restraining interference with his possession - Cannot be granted against person who has title over entire land of which site forms only part - Where allottee's suit itself against real owner is not..........
Specific Relief Act, 1963, Section 34, 37, 38 -- Suit for declaration and injunction - Appellant purchased land comprised in a particular survey number - Respondent purchased land comprised in another survey number adjoining appellants land - Allegation that respondent encroached into appellant's land - Appellant in possession of land more than measurement stated in survey..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Co-sharers - Sale by specific khasra numbers - A co-sharer can transfer the property of his share in his possession even by way of specific khasra numbers but that is still subject to partition - Vendee becomes only a co-sharer to that extent - If some valuable part of the land has been sold by a co-sharer, it is subject..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Restraining a party from executing a Will - Court has no power to grant such an injunction - Status quo order passed - Does not prohibit that party from executing Will in respect of property - By executing a Will, the testator neither changes title nor possession of the property nor alters the nature or situation of the..........
