Specific Relief Act, 1963, Section 37, 38, 34 -- Suit for injunction - Both parties claiming title - Plaintiff failing to claim relief of declaration and not even establishing his possession - Held, suit rightly dismissed...........
Specific Relief Act, 1963, Section 34, 37 -- Suit for declaration and injunction - Plaintiff stated in cross-examination that he did not know if defendants have installed tube-well in the suit land and have also taken electricity connection - Held, it would depict that plaintiff is not in possession of suit land - Consequently, suit for declaration and injunction alone is..........
Specific Relief Act, 1963, Section 34, 37, 38 -..........
Specific Relief Act, 1963, Section 37, 38 -- Prohibitory injunction - Ownership and possession - Oral evidence is not sufficient to prove - House of plaintiff on one side of road and disputed plot on the other side of road - Disputed plot surrounded by land of defendant and his brothers - Location itself suggests possession of defendant - Assuming that defendant is neither..........
Specific Relief Act, 1963, Section 37 -- Permanent injunction - Plaintiff alleged that he is owner in possession of suit property - He sought permanent injunction restraining defendants from demolishing shops as they have no concern with suit property - Defendants resisted suit on ground that suit land had been acquired - However, evidence on record shows that disputed..........
Specific Relief Act, 1963, Section 37, 38 -..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 7, Specific Relief Act, 1963, Section 37 -- Surplus area - Injunction - Jurisdiction of Civil Court - Held, Civil Court does not have jurisdiction to determine vesting or no, vesting of suit land in Gram Panchayat - However, instant suit was instituted for relief of permanent injunction only based on alleged..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 13, Specific Relief Act, 1963, Section 37 -- Permanent injunction - Gram Panchayat has been leasing out suit land to different persons - Plaintiffs also participated in auction for lease of suit land by Gram Panchayat - Said participation by plaintiffs would clearly indicate and demonstrate that they are not in..........
Specific Relief Act, 1963, Section 37 -- Revenue records - Suit for permanent injunction - Entries in jamabandi/revenue record - Is a rebuttable presumption - Defendants has failed to rebut that presumption and bring on record any evidence to show that they have got possession in lieu of agreement - Trial Court rightly granted injunction to plaintiffs - Suit rightly..........
Specific Relief Act, 1963, Section 37 -- Permanent injunction - Grant of - Excess share than their share, from holdings of other co-sharer, transferred by defendants in favour of subsequent purchaser - Statement of Patwari based on Revenue Record clearly establishes that excess land was transferred - Held, subsequent purchaser cannot said to be a bona fide purchaser -..........
