Specific Relief Act, 1963, Section 39 -- Suit for mandatory injunction - Against a family member who is in joint possession of property - Maintainability - Property belongs to mother - She permitted both sons to reside in the same house jointly but executed Will in favour of plaintiff only - Once it is established that defendant has no right, title or interest in the..........
Civil Procedure Code, 1908, Section 9, Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950, Section 331 -- Jurisdiction of civil Court - Suit for permanent injunction and mandatory injunction - - If suit for permanent injunction and mandatory injunction along with ancillary relief of possession was filed before civil Court, civil Court had right to entertain said..........
Specific Relief Act, 1963, Section 39 -- Mandatory injunction - Directing daughter-in-law to vacate the house - House in the ownership of plaintiff - Daughter-in-law residing in the house with her husband - Not a case of daughter-in-law that her husband, even if residing in the house has any right to the house - House does not qualify as matrimonial home of daughter-in-law..........
Suits Valuation Act, 1887 -- Suit filed for mandatory injunction claiming possession in the alternative - Plea that suit for possession without seeking declaration of title is not maintainable - Once relief of possession is sought, declaration is implicit...........
Specific Relief Act, 1963, Section 39 -- Mandatory injunction - Removing wall from blocked passage - Existence of passage proved and accepted - However easementary right of plaintiff over the same and its user as such not decided by both the Courts below - Further situation of passage in dispute has been decided without fixing identity of land in dispute by issuing survey..........
Evidence Act, 1872, Section 40, 41 -- Relevancy of judgment - Earlier judgment of suit between defendant No.2 and 3 not relied upon by Courts below while decreeing suit of plaintiff - Even defendant No.2 was not party to suit of plaintiff, thus, earlier judgment had no relevance for deciding controversy between plaintiff and defendant No.2 in present suit of mandatory..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim mandatory injunction - Granting interim mandatory injunction for restoring ante status quo position of suit property is the rule and not the exception...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim mandatory injunction - Cannot be granted when the suit itself was for grant of very same relief by way of decree of mandatory injunction - But when party seeks to restore ante status quo position of suit property, legal position would be different and it would be exceptional circumstance under which Court can grant..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - At appellate stage - Suit for permanent injunction - Amendment sought to incorporate relief of mandatory injunction - Appellate Court while adjudicating application U.O.6.R.17 CPC, was justified as unless the issue of amendment was decided at this stage, further proceedings may unnecessarily lead to..........
Specific Relief Act, 1963, Section 38, 39 -- Permanent and mandatory injunction - Encroachment - No evidence on record brought by plaintiff to prove that there was encroachment at the instance of defendants except self serving statement of plaintiff - Demarcation report is of the year 2005 and no explanation has come forth in filing suit in the year 2010 - It cannot be..........
