Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration and permanent prohibitory injunction - Admittedly, defendant did not appear in the witness box but since the plaintiff has failed to prove his case mere fact that defendant did not appear in the witness box is of no avail especially when his son who was acquainted with the facts of the case and was duly..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Premises in question belonging to defendant/father - Two consecutive Courts have held that plaintiff/son is not having any right to be protected under order of temporary injunction - Person holding possession for a long time is the general law pertaining to possession, cannot be applied where father..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Agreement to sell executed by owner in favour of appellant - Son of owner on the basis of power of attorney sold the property to respondent - Appellant filed suit for specific performance and cancellation of sale deed executed in favour of respondent - Respondent is a bona fide purchaser for..........
Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Section 23 -- Welfare of senior citizens - Family dispute - Jurisdiction - Where matter appears to be a family dispute neither District Magistrate nor SSP would have any authority to issue a mandatory injunction to assume that son is in unauthorized possession in portion of residential house in which senior..........
Evidence Act, 1872, Section 102 -- Burden of proof - Joint property - Plea of partition - Suit for permanent injunction - Defendant purchased property from son of plaintiff/co-sharer, who had no exclusive right, title and interest over property - Plea of partition taken by defendant that property is already partitioned between plaintiff and his sons including his vendor -..........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Restraining defendant from entering upon suit land and thereby creating any disturbance - Defendant purchased portion of joint family property from co-sharer/son of plaintiff, without consent of others, who acquired the same by partition - However, property stands in the name of father of plaintiff in record..........
Specific Relief Act, 1963, Section 39 -- Mandatory injunction - Suit by father against son and daughter-i, law to vacate the property which is his self acquired property - Son whether married or unmarried, has no legal right to live in that house and he can live in that house only at the mercy of his parents upto the time parents allow - Merely because parents have allowed..........
Specific Relief Act, 1963, Section 39 -- Mandatory injunction - Suit by father against son and daughter-i, law to vacate the property which is his self acquired property - Appellant has no right to live in self acquired property of plaintiff - Suit rightly decreed...........
Specific Relief Act, 1963, Section 39 -- Suit for mandatory injunction - Against licencee - Defendant in his averments has not claimed or proved any other status of his possession, thus his possession over suit property is mere licencee - Being a third person, defendant has no right, title or interest to challenge the title of property - Even if plea of defendant that he..........
Specific Relief Act, 1963, Section 39 - - Mandatory injunction - Seeking vacant possession of house in question from daughter-i, law - Status of son or daughter-i, law in house owned by father and father-i, law, mother and mother-i, law is that of a licensee - In case licensor do not want the licensee in the house owned by him, he can always seek possession by filing suit..........
