Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Punjab Village Common Lands (Regulation) Rules, 1964, R.6(2) - Injunction - Lease of Shamlat Land - No approval of lease for a period of more than two years by the Director Panchayats - Khasra numbers not mentioned in the lease - No proper lease - Lessee cannot be presumed to be in possession - No prima facie case for..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction in a suit for permanent injunction to restrain Gram Panchayat from interfering in possession of land taken on lease granted by B.D.&P.O. for manufacturing bricks, making payment of Chakota and lease money to Gram Panchayat - B.D.& P.O. not competent to auction land of Gram Panchayat as permission of..........
Civil Procedure Code, 1908, Section 10, Order 39, Rule 1, 2 -- Temporary injunction - Order can be passed by Court after staying trial of suit u/s 10 CPC...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Joint well - Restraining the defendant from using the well - Trial Court granted the stay - Appellate Court vacated the stay - Held, appellate Court is justified in vacating the injunction in regard to the use of water from the joint well since the water is necessary for irrigating the land - No..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Claim based on property alleged to be joint family property - Parties Muslims - Concept of joint family property alien to Muslim Law - Defendants admittedly in possession - No prima facie case for restraining defendants from putting up construction - Injunction declined...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Prima facie case in favour of plaintiff - But irreparable loss and balance of convenience in favour of defendant - Injunction cannot be granted...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Both the parties asserting their possession over the property in dispute - In such a situation the proper course to be adopted by the Court is to direct the parties to maintain status quo as to possession...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction to restrain defendants from interfering in possession of plaintiffs in a suit for permanent injunction - Question to be decided whether plaintiffs in possession as asserted and the stand taken by defendants in reply of being in possession - Dispute regarding possession, both parties asserting their..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Plaintiffs in possession of land in dispute - Defendants seeking possession of land allotted by Consolidation Authorities - Plaintiffs will suffer irreparable loss if dispossessed from suit land during pendency of suit - Not correct that plaintiffs have no prima facie case - Defendants restrained from dispossessing..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction in a suit for declaration to be owners in possession - Defendants allegation that land in dispute allotted to them by Consolidation Authorities and they are seeking possession thereof - Plaintiffs in possession of land in dispute and yet to establish title - If dispossessed during pendency of suit -..........
