Specific Relief Act, 1963, Section 38 -- Permanent injunction - No injunction can be granted against true owners or true co-owners of suit property...........
Specific Relief Act, 1963, Section 38 -- Suit for permanent injunction to restrain defendants from causing obstruction in common lane shown in plaint - Defendants already constructed cement polls and electrical wires over suit property - Plaintiffs have to seek mandatory injunction, as they are no longer entitled to relief of permanent injunction - Suit rightly dismissed...........
Specific Relief Act, 1963, Section 38 -- Permanent prohibitory injunction - Dispute regarding water source - Plaintiffs or other villagers are neither in possession of disputed source nor having any title qua same - Rather disputed source/property belongs to State and as such no injunction if any could be granted against true owners, who otherwise have not denied right if..........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Report of Local Commissioner as to raising some construction by defendant - Plaintiff did not enter witness box - However, his brother who is co-sharer in the suit land entered the witness box claimed to be in possession of suit land but did not depose about defendant having raised the construction over the..........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Plaintiff's predecessor-i, interest purchased the property not by measurement but by boundaries - Property in question is identifiable - First Appellate Court rightly relied upon commission reports and various evidence which were on record and led by parties and had correctly concluded that plaintiffs were..........
Specific Relief Act, 1963, Section 37, 38 -- Permanent injunction - Co-sharer - A co-sharer in exclusive possession of part of joint land is entitled to protect his possession by filing suit for injunction against other co-sharer - Till partition defendant cannot interfere in the possession of plaintiff illegally and forcibly, except in due course of law...........
Specific Relief Act, 1963, Section 34 -- Suit for declaration of title and permanent injunction - Restraining of defendants from interfering with peaceful possession of plaintiffs - Report of Amin establishes that plaintiffs and defendants were in occupation of their respective shares as per sale-deed - However, plaintiff proved continuous physical possession apart from..........
Specific Relief Act, 1963, Section 38 -- Suit for permanent injunction without seeking relief of declaration - Maintainability - Where defendants failed to establish their claim of title, possession and enjoyment of disputed property and plaintiffs on the other hand proved their ownership, possession and enjoyment of suit property, there is no need for plaintiff to seek..........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Simple suit for permanent injunction without seeking declaration of title is not maintainable, when plaintiff's title is in cloud of suspicion...........
Specific Relief Act, 1963, Section 34, 38 -- Declaratory relief - Suit for declaration and permanent injunction - Sale of suit property to different plaintiffs/vendees - Family partition between vendor and his brother/defendant and family partition was accepted by defendant and he remained in separate possession - Neither defendant questioned validity nor genuineness of..........
