Specific Relief Act, 1963, Section 38, 39 -- Permanent prohibitory injunction - Restraining defendants permanently from constructing road over suit land or changing its nature - Plaintiffs have not come to Court with clean hands - It was for plaintiffs to plead that road was constructed in 2000 and plaintiffs were out of possession at the time of filing of suit - Virtually..........
Civil Procedure Code, 1908, Order 7, Rule 11(a) -- Rejection of plaint - Cause of action - Partition suit - No averments in the plaint to the effect that suit property is a coparcenary property or that their existed a joint HUF - Rather plaintiff described the property as a self acquired property of his grandfather - S.6 of Hindu Succession Act would not come into play -..........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration of title and injunction - Mutation entries do not conclusively establish title - However, title of plaintiffs stands proved and established by material on record and on account of findings recorded by revenue authority - So far as land acquisition proceedings are concerned, no compensation was received by..........
Specific Relief Act, 1963, Section 39 -- Mandatory injunction - Where a plaintiff is seeking retrieval of possession of suit property from any of his relations like son, daughter etc. then in such an event a suit for possession is not necessary and a suit for mandatory injunction would suffice...........
Specific Relief Act, 1963, Section 39 -- Mandatory injunction - Son along with his wife and child living in the property as licensee - Father does not want them to continue any more in the house - Held, suit for mandatory injunction is maintainable - It is not necessary that he must file suit for possession...........
Court Fees Act, 1870, Section 7, Specific Relief Act, 1963, Section 39 -- Mandatory injunction - Licensee - Suit for mandatory injunction that licensee be removed from the licensed premises, alongwith claim of damages - Court directed that plaintiff will pay eventually Court fee at whatever rate the damages are paid to him - Held, no advance Court fee on the arrears of..........
Specific Relief Act, 1963, Section 37, 38 -- Co-sharer - Sale of specific khasra numbers by co-sharer - Injunction - Cannot be claimed against co-sharer - Co-sharer in exclusive possession of land can sell that very portion subject to partition of joint land and he can also oust other co-shares till such time the land is partitioned by metes and bounds...........
Civil Procedure Code, 1908, Order 39, Rule 1 -- Interim injunction - Order issuing notice by trial Court without granting ex parte injunction, with or without recording reasons, is appealable U.O.43.R.1 CPC...........
Specific Relief Act, 1963, Section 37, 38 -- Suit for possession - Plaintiff/appellant seeking permanent injunction restraining defendants not to put illegal construction - Upon consideration of oral and documentary evidence, plaintiff has neither identified suit property nor proved his ownership to it - Therefore, he is not entitled to relief sought...........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Bar by limitation - Suit for declaration and permanent injunction - Cause of action for instituting suit first arose in the years 1993-94 - Period of three years reckoned therefrom would expired in the year 1996-97 - Moreover, suit is an ingenuous attempt on part of plaintiff to throw cloud on the..........
