Civil Procedure Code, 1908, Section 100, 96 -- Second appeal - Suit for permanent prohibitory injunction - Trial Court decreed the suit - First appellate Court allowed the appeal without recording its own independent finding and without reverting/setting aside finding recorded by Trial Court - Order passed by Trial Court is not sustainable in eyes of law and thus set aside..........
Civil Procedure Code, 1908, Order 39, Rule 2A, Civil Procedure Code, 1908, Order 26, Rule 9, Civil Procedure Code, 1908, Section 151 -- Interim injunction - Violation of order - Appointment of local commissioner - In the instant case, defendant continued construction on disputed property after the order of interim injunction - Said act of defendant amounts to disobedience..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Plaintiff able to show his prima facie case by depicting that he is owner in possession of suit land (his name being recorded in khasra and Khatauni in revenue records) - Relief of temporary injunction rightly granted in favour of plaintiff...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Specific Relief Act, 1963, Section 38, 41 -- Injunction and temporary injunction - Parameters for deciding temporary injunction application and suit for permanent prohibitory injunction are entirely different - One is governed by O.39.Rr.1,2 CPC and the other is decided on the basis of provisions contained in Specific Relief..........
Civil Procedure Code, 1908, Section 151, Order 26, Rule 9 -- Local Commissioner - Can be appointed in a simplicitor for injunction when dispute is regarding identity of property...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local commissioner - For demarcation of suit land - Suit for declaration of title and permanent injunction - Serious dispute between parties with regard to boundary/area of scheduled suit land specially with regard to identity of land - No effective decree can be passed without appointment of commissioner - Commissioner..........
Civil Procedure Code, 1908, Section 151, Order 6, Rule 17 -- Amendment of plaint - Relief of mandatory injunction sought on the ground that defendant started raising construction during pendency of suit and in violation of interim orders - Issue regarding entitlement of plaintiff to the decree for mandatory injunction already framed - Moreover, plaintiff can initiate..........
Agreement to sell -- Specific performance - Subsequent purchaser - Bona fide purchaser - Suit property sold to defendant no.3 during pendency of suit - Interim injunction granted against defendant/seller restraining alienation of property - Sale in favour of third defendant was thus, in breach of order of injunction - Defendant no.3 held, not a bona fide purchaser -..........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Bar of subsequent suit - When earlier suit for permanent injunction was filed, there was no construction raised by defendants, so there was no question for relief of possession, as defendants at that time was not in physical possession and construction was not there - Subsequent suit for possession not barred U.O.2.R.2 CPC...........
Muslim Law -- Inheritance - Sons and daughters have right in father`s property as per Muslim Law - In the instant case, plaintiff claiming right in suit property being great grand-daughter of original owner through her father - Plaintiff 80 years old uneducated lady unable to prove her maiden name in absence of documents - However, plaintiff having custody of death..........
