Specific Relief Act, 1963, Section 38 -- Suit for permanent injunction - Plaintiff successfully established his possession and enjoyment of suit property - However, not even a single document has been filed or exhibited on the side of defendant - Mere admission of PW1 that suit property was allotted to defendant No.4 under a oral partition, cannot be sole criteria to..........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration of title and permanent injunction - Once plaintiff failed to get any substantive relief, consequential relief of permanent injunction cannot be granted to plaintiff...........
Specific Relief Act, 1963, Section 38, 39 -- Permanent injunction and mandatory injunction - Restraining defendant from invoking, receiving or making any payment in respect of bank guarantee - Terms of contract were changed and it was refused before performance is due - So there was no contract - Encashment of bank guarantee furnished would tantamount to unjust enrichment..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for permanent injunction - Relief of possession sought by way of amendment of plaint, as during pendency of suit possession is taken over by defendants - Plaintiffs thus, have every right to claim possession and also to claim decree of possession of land - Unless relief and pleadings with regard to..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for permanent injunction - Parties are having their houses adjoining that lane which is subject matter of suit - Lane in question is used by house owners in order to approach village road that is meant for their ingress and egress - Description of lane is not disputed - Plaintiff when claims that obstructions..........
Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Impleadment of subsequent purchasers - Suit for declaration of title and perpetual injunction - Registered sale deed was executed in favour of respondents in respect of suit property pending the suit - Unless evidence was led on aspect of sale transaction, no one could conclude whether said transaction is genuine or..........
Will -- Proof of - Plaintiff being propounder of Will has to prove Will to remove suspicious circumstances as alleged by defendants - However, plaintiff failed to prove Will as required u/s 69 of Evidence Act - Will discarded and suit for permanent injunction on basis of Will rightly dismissed...........
Will -- Proof of - Plaintiff being propounder of Will has to prove Will to remove suspicious circumstances as alleged by defendants - However, plaintiff failed to prove Will as required u/s 69 of Evidence Act - Will discarded and suit for permanent injunction on basis of Will rightly dismissed...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for declaration, permanent injunction and possession - Plaintiff filed the suit on the basis of sale deed executed by husband of defendant in his favour - However, Courts below recorded a finding that case of plaintiff is surrounded by doubtful circumstances - Moreover, plaintiff ought to have filed suit..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for cancellation of relinquishment deed and permanent injunction - Concurrent findings of Courts below dismissing suit of plaintiff is on record - Plaintiff failed to establish specific perversity or illegality in the findings recorded by Court below - Both the Courts considered the grounds and evidence of..........
