Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for injunction - Petitioner claims to be owner in possession of a portion of suit land - However, petitioner herself admitted that her plot was different from suit property - Application for impleadment rightly rejected...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Transfer of Property Act, 1882, Section 52 -- Temporary injunction - Pendente lite purchaser - Part of property purchased by party during pendency of partition suit - Would disentitle him to equitable relief of temporary injunction due to his conduct, particularly when he has knowledge about pendency of partition suit...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local commissioner - To note down physical features of property in a suit for injunction is not prohibited - However, fishing out information is prohibited which means to make local enquiry of hearsay material from the persons gathered there or the like...........
Civil Procedure Code, 1908, Section 75, Order 26, Rule 9 -- Local Commissioner - Suit for injunction - Local Commissioner can be appointed to note down physical features - However, Local Commissioner cannot be appointed to make local enquiry of hearsay material from the persons gathered there or the like...........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Mere proof of a prima facie case qua possession, is not sufficient to grant injunction in favour of a trespasser...........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Cannot be granted to a person who failed to show either to be owner of property or to be in permissive possession of property, particularly, if the property happens to be a public property...........
Specific Relief Act, 1963, Section 38 -- Permanent injunction against Gram Panchayat - Revenue record shows Gram Panchayat to be owner of suit property - Even in cultivation column entry is Makbuja Malkana i.e under the possession of owner - Reliance of plaintiff on demarcation report is not sustainable, particularly, when it is not on record whether demarcation was..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Defendants are registered owners of suit land and in possession of the same - Neither prima facie case found in favour of plaintiff nor balance of convenience or any irreparable injury - Interim injunction rightly refused by trial Court - Appellate Court while affirming said findings of trial Court..........
Specific Relief Act, 1963, Section 34, 38 -- Suit for possession and permanent injunction - Grant of decree - Plaintiff claimed ownership on basis of sale certificate - As per perusal of documents, Sale certificate was issued on basis of `restricted auction' and deposition of consideration amount by plaintiff in consonance with provisions of R.6(6)(xiv) of Punjab Package..........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration of title, injunction and possession - Entire case of plaintiffs based on ground that they are owner of suit property - Burden is upon plaintiffs to prove as to under what basis they have acquired their right, title and interest over suit properties - However, plaintiffs failed to produce any documents or..........
