Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Suit for declaration and permanent injunction - Defendant made admission that plaintiff purchased the suit land under a sale deed - However, legality and correctness of said sale deed is challenged by defendant - There is no clear and u, equivocal admission as regards ownership of suit land - No..........
Civil Procedure Code, 1908, Order 14, Rule 2 -- Preliminary issue - Suit for permanent injunction - Issue of redemption of mortgage and issue of limitation - Are mixed question of law and facts - Cannot be decided as preliminary issues...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for declaration of title and injunction - Obstruction caused by defendant - Courts below after examining the evidence on record concurrently found that defendants have created the obstruction as alleged by plaintiff - Findings so recorded are pure findings of fact and does not involve substantial question of..........
Civil Procedure Code, 1908, Order 39, Rule 1 -- Temporary injunction - Order is not executable - In extreme urgency recourse can be had to S.151 CPC for implementing the order - First remedy available is U.O.39.R.2-A and power u/s 151 CPC can be invoked only after exhausting the remedy U.O.39.R.2-A CPC...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for permanent injunction - Suit based on title - Amendment sought in relief clause by adding prayer of eviction and mesne profits/damages - Necessary averments regarding termination of tenancy averred in the plaint - Nature of suit not changed if amendment is allowed - Suit based on title remains..........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Restraining defendants and their agents, successors, representatives from using alleged Wills - Wills in question were validly executed in favour of defendants by father of plaintiff - Mutation already granted in the name of beneficiaries and plaintiff failed to challenge the same within the period of..........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit with liberty to file fresh suit - Permission granted to withdraw suit and to file fresh suit for relief of injunction only as present suit was filed for permanent injunction only - Held, trial Court has either to allow application as prayed for or to dismiss the same if it was not convinced on merits about..........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - A person continuously in possession over property for a long period of time, has right to defend his possession...........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Plaintiff when in peaceful possession and his possession interfered or threatened by defendant, injunction simplicitor will lie...........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Suit property transferred in favour of plaintiff 20 years back by erstwhile owners - Documents and evidence on record clearly established possession of plaintiff over suit land - Appellate Court recorded its finding that plaintiff is in possession of suit property and defendant has no right to cause..........
