Civil Procedure Code, 1908, Order 39, Rule 1 -- Temporary injunction - Prima facie case - Burden of proof - Appellant tried to raise certain doubts over title of respondent No.1 - Held, to establish prima facie case burden in on appellant to establish his title and possession over property in suit - He cannot take advantage of weakness of respondent's title...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Flats were sold away by appellant No 1 in 1983 - Additional FSI or facility of TDR was made available by Govt. in 1994 - Appellants prima facie did not have any right, title or interest either in said plot or on building standing on that plot - Held, if under any new scheme of additional FSI or..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Refusal to grant - Legality - Suit for declaration and permanent injunction - Plaintiff sought relief of temporary injunction - Defendant opposed said relief by producing death certificate of original owner of land and contended that sale deed executed by original owner in favour of plaintiff was..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Respondent being in possession of half of area under mining licence, not entitled to claim possession over entire area - No prima facie case - Order granting temporary injunction set aside...........
Civil Procedure Code, 1908, Order 39, Rule 1 -- Temporary injunction - Refusal to grant - No prima facie case made out by appellants - Appellants are in possession of disputed property - Committed breach of trust of N.I.T. and public at large and in particular the poor passengers, patients and relatives for many years - Held, balance of convenience cannot lie in favour of..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Illegal possession - Whether an illegal possession of a person could be protected by grant of injunction under the Code? - Held, certainly not - In present case, status of respondent is not better than that of a trespasser - As such, he cannot be allowed to stay over the land in dispute -..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - On the ground that material used in building work and machinery etc. is taken away by defendant/Executive engineer - Evidence on record establish that plaintiff violated terms of contract - Even, plaintiff abandoned work without any rhyme or reason causing huge loss to State - Moreover, plaintiff..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Grant of - Admitted case of appellants that they have already dismantled certain constructions as per suggestions of Advocate Commissioner by this Court - Trial Court had also made spot inspection and Court itself found that defendant-appellants had raised certain construction for stair case and had..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Injunction granted without adverting to the three considerations viz. (i) prima facie case; (ii) balance of convenience and inconvenience and (iii) irreparable loss and injury - Impugned order set aside...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Failure to establish ownership - Only on the basis of possession on public land plaintiff cannot claim prima facie case in his favour nor balance of convenience is in his favour as land in dispute is for use of public - Temporary injunction declined - Order upheld...........
