Specific Relief Act, 1963, Section 38 -- Permanent injunction - Plaintiff failed to provide a clear and identifiable description of property, including boundaries, which renders suit unsustainable - Plaintiff ought to have taken steps such as seeking a commission, to identify disputed property - Failure by plaintiff to take appropriate steps to substantiate his claim, he..........
Court Fees Act, 1870, Section 7 -- Court fee - Suit for declaration and permanent injunction challenging two sale deeds - Plaintiffs are executants of sale deeds which they seek to set aside - Plea that sale deeds were obtained by fraud or that full consideration was not paid does not alter their status as executants - Even if such allegations are assumed to be true,..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - When there is no contra evidence to rebut claim made by plaintiff seeking temporary injunction, no interference warranted in impugned order of granting temporary injunction...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - No evidence on the part of defendant to show possession or construction or even `further possession' - Even, defendant failed to mark exhibits on his behalf in proof of title and possession - There is no contra evidence to rebut the claim made by plaintiff seeking temporary application - Temporary..........
Civil Procedure Code, 1908, Section 151, Order 21, Rule 97, 98, 99, 100, 101 -- Execution - Third party objections - Decree for specific performance - Relief sought for by petitioner is the same relief which was earlier sought by him in suit for declaration and in application for temporary injunction which already stood rejected on merits - Even, other siblings of..........
Specific Relief Act, 1963, Section 38 -- Suit for injunction simpliciter - Plaintiff not in possession but he did not claim recovery of possession - Relief must have been sought for declaration of title when contention of defendant was that he came into possession of property as a co-owner and then occupies it with absolute rights, making valuable improvements - Suit for..........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration, possession and permanent injunction - Plaintiff failed to enter witness box to testify and prove her plaint case - Testimony of power of attorney holder of plaintiff is inadmissible with regard to facts within personal knowledge of plaintiff who has failed to enter witness box - Sale deed executed by father..........
Rajasthan Panchayati Raj Act, 1994, Section 97 -- Revision - Decree of permanent injunction passed by civil Court cannot be interfered with by way of initiating proceedings u/s 97 of the Act...........
Civil Procedure Code, 1908, Order 43, Rule 1(r), Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Appeal - Order granting or refusing a temporary injunction U.O.39.Rr.1, 2 CPC is an appealable order U.O.43.R.1(r) CPC...........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Suit for injunction, when plaintiff was entitled to sue for specific performance, withdrawn without seeking any liberty to pursue subsequent suit for specific performance - Subsequent suit for specific performance is not maintainable being barred U.O.2.R.2 CPC...........
