Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Co-sharers - Defendant being a vendee under a co-sharer can only claim possession by seeking partition of joint land - Till the defendant seeks separate possession, plaintiffs have a right to protect their possession - Defendant is not in a position to demonstrate that his vendor was in exclusive..........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Plaintiff failed to prove his possession over the suit property as tenant - He is thus, not entitled to decree of permanent injunction...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Deficient Court fee - Plaintiff has not sought decree of possession but has only sought decree of injunction and claims to be in possession of property which is subject matter of sale deed - Power of attorney on the strength of which sale deed sought to be avoided by plaintiff was executed is also..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Title suit - Dispossession in violation of order of injunction - Amendment of plaint sought to seek consequential reliefs - Trial Court while allowing amendment held that proposed amendment involving question of encroachment and recovery of possession unless incorporated by way of amendment, real..........
Specific Relief Act, 1963, Section 39 -- Mandatory injunction - Directing defendants to hand over the possession of land - Defendants utilized the land for construction of road way back in the year 1980 - Witnesses of defendants admitted that no consent was procured from plaintiffs before construction of road in their presence - Defendant/State is bound to pay the..........
Specific Relief Act, 1963, Section 39 -- Suit for mandatory injunction against State - Limitation - Since State cannot take plea of adverse possession therefore, plea of limitation cannot be taken by State - Suit not barred by limitation...........
Civil Procedure Code, 1908, Order 21, Rule 32 -- Execution - Decree for permanent injunction - In the execution of a decree for injunction, even restoration of possession can be ordered by Executing Court...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment to advocate Commissioner - Suit for declaration of right and title over suit property and injunction - Burden of proof is always on plaintiff to establish his lawful title and possession over suit property - So the question of localization of suit property and noting down the physical features of property by..........
Limitation Act, 1963, Article 56 -- Limitation - Suit for declaration, delivery of possession and permanent injunction - Suit not filed within three years of having knowledge of execution of sale deed - Suit filed is not within limitation - Suit filed is barred by limitation - Suit rightly dismissed...........
Specific Relief Act, 1963, Section 37, 41 -- Injunction - Title over property along with symbolic possession is claimed in the plaint - Therefore, suit not barred u/ss 37, 41 of the Act...........
