Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration and permanent injunction on the basis of sale deed - Plea of defendant that full consideration was not paid - Execution of sale deed not denied by defendant - All the right, title and interest over the suit property stand transferred in favour of plaintiff even if case of defendant is accepted that plaintiff..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Substantial question of law - Suit for declaration of title and permanent injunction - Concurrent findings recorded by both the Courts below that plaintiffs failed to prove partition and possession over suit property, which is a finding of fact based on evidence available on record - Said findings neither perverse..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a third party - Suit for declaration of title and permanent injunction - Applicants except stating that they are in possession of property and are cultivating the same for more than 30 years, have not shown that they have a direct interest in the subject matter of litigation so as to allow them to come on..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit for declaration of title and confirmation of possession - Suit property sold to vendors of plaintiffs during pendency of suit, which was hit by lis pendens - Plaintiffs purchased the same when their vendors had no title over land and their possession is through mortgagee - Application rightly..........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Where averments regarding title are mentioned in plaint, but if matter involves complicated question of fact and law relating to title, Court will relegate parties to remedy of a comprehensive suit for declaration of title, instead of deciding issue in a suit for mere injunction. (2008(2) Apex Court Judgments..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim prohibitory injunction - Plaintiff prima facie proved his title and possession over suit property - However, no material on record to show that defendant was ever in possession of plaint schedule property - Merely because plaintiff is working in Italy as a priest, it cannot be said that plaintiff is not having..........
Civil Procedure Code, 1908, Section 11 -- Res judicata - In previous suit for permanent injunction neither an issue was framed with regard to ownership of property nor question of ownership was necessary to be adjudicated upon for determining entitlement of plaintiff therein to seek injunction against interference in her possession or dispossession therefrom forcibly and..........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - In a simplicitor suit for permanent injunction, Court is not supposed to adjudicate upon title...........
Civil Procedure Code, 1908, Order 41, Rule 11 -- Second appeal - Suit for possession and mandatory injunction - Plaintiff failed to establish his prior possession of suit property before 2011 when allegedly defendants made a construction on suit land - There was nothing before Court from which Court could even remotely hold that suit land belonged to..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendants from using sahan land as rasta and making it into brick soiling - Revenue records show that land in dispute is public Rasta - No findings arrived at with regard to title or claim of plaintiff to land in dispute to be used by him as sahan - Moreover, if temporary injunction..........
