Specific Relief Act, 1963, Section 37, 38 -- Injunction - Question of title - Suit for injunction in which issue with regard to determination of title is framed cannot be decided without deciding issues of title...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Dismissal of application - Both parties are owners of their respective adjoining khasra numbers - Encroachment by way of construction - Both parties would vacate the land if found encroaching in each others land - However, as petitioner is 108 years old, trial Court directed to ensure that revenue..........
Specific Relief Act, 1963, Section 38 -- Suit for permanent injunction - Possession - Plaintiff must show his lawful possession - Plaintiff not paid rent for more than fifteen years cannot be said his possession is lawful possession entitling him to grant of permanent injunction...........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Can be granted only to a person who is in actual possession of property...........
Specific Relief Act, 1963, Section 38, Evidence Act, 1872, Section 101, 102 -- Suit for permanent injunction - Burden of proof lies on plaintiff to prove that he was in actual and physical possession of property on the date of suit...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit filed u/s 6 of Specific Relief Act - Application for temporary injunction dismissed by Trial Court which was affirmed by first appellate Court - High Court set aside concurrent findings of Courts below, without dealing with any of aspects set out by first appellate Court and swayed by fact that..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of intervenors - Suit for declaration of title and permanent injunction - Intervenors asserting their possession over suit land on the basis of oral gift made by defendant - They have also instituted suit along with plaintiffs against defendant in same Court - Said suit is sub judice - Intervenors are thus, proper..........
Civil Procedure Code, 1908, Order 39, Rule 2A -- Disobedience of injunction order - Suit property sold by Power of attorney during pendency of suit - Power of Attorney holder was not having knowledge of order of Court and act done by him was in good faith - He has also assured after getting knowledge of order that no further sale of any part of land would be made - It..........
Specific Relief Act, 1963, Section 34 -- Simpliciter suit for injunction - Defendant denied title of plaintiff as vendor of plaintiff was not having any right and title to sell the suit property - Thus serious dispute raised by defendant as to plaintiffs title as such there was need for plaintiff to amend the plaint and convert the suit into one for declaration - Defendant..........
Clean hands -- Temporary injunction - Relief of temporary injunction is a discretionary relief and a party who does not come with clean hands is not entitled to equitable discretionary relief...........
