Specific Relief Act, 1963, Section 38 -- Permanent injunction - Where plaintiff despite knowing fact that title has been set up by defendant failed to convert suit for permanent injunction into one seeking declaration and further without there being clear evidence regarding possession of plaintiff also for the reason that no injunction could be granted against true owner,..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Deficient Court fee - Plaint termed as one for declaration and mandatory injunction - However, relief sought is for recovery of excess amount - By merely suitably wording plaint and making prayers for declaration and mandatory injunction with consequential relief would not change nature of substantial..........
Civil Procedure Code, 1908, Section 9 -- Jurisdiction of civil Court - Suit for permanent and mandatory injunction - Name of plaintiff recorded in revenue record - Plaintiff has a right to seek remedy before Civil Court, as no declaration of title is involved...........
Specific Relief Act, 1963, Section 37, 38 -- Suit for permanent injunction without seeking declaration of title - In suit nothing narrated about title dispute - Suit is maintainable in view of previous litigation which was initiated at the instance of defendant No.1 where he lost suit for declaration and recovery of possession of the same property...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Suit for declaration of title and ownership - Wife was restrained from alienating the suit property - Thereafter husband seeking interim injunction to handover the key of house - Court directed wife to hand over key of house - Held, no interim order can be passed against a person in whose name property..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for declaration of title and permanent injunction - Concurrent findings recorded to the effect that plaintiffs are absolute owners and possessors of suit scheduled property and they are in possession of same - There is no perversity in judgments of both the Courts below - No interference warranted in said..........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration and permanent injunction - Plaintiff claimed title of suit property on the basis of land purchased from one `K' - Said `K' derived title from State government by Patta - However, since patta had been revoked and grantee/`K' had no right, title or subsisting right at the time of alienation in favour of..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for declaration and permanent injunction - Plaintiff failed to lead any evidence oral as well as documentary in support of his case before trial Court - Both the Courts below have recorded concurrent finding of fact against plaintiff by dismissing suit - No substantial question of law is involved in the second..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for permanent injunction and declaration - Concurrent findings recorded by both the Courts below decreeing suit of plaintiff, which cannot be interfered by High Court, particularly when there is no illegality committed by trial Court in decreeing suit filed by plaintiff - No substantial question of law arise..........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration and injunction - Dispute regarding drawing water from common well - Right of drawing water from common well and right of plaintiff to carry water through channel cannot be obstructed by defendants who are co-sharers of well - Concurrent findings of two Courts below that plaintiffs are entitled to draw water..........
