Specific Relief Act, 1963, Section 37, 38 -- Permanent injunction - Once dispute with respect to title is settled and it is held against plaintiff, in that case suit for permanent injunction shall not be maintainable against true owner...........
Specific Relief Act, 1963, Section 37, 38 -- Suit for permanent injunction - Maintainability - Once plaintiff has failed to get any substantive relief of cancellation of sale deed and declaration relief, then consequential relief of permanent injunction must fail and plaintiff is not entitled to any permanent injunction against true owner...........
Specific Relief Act, 1963, Section 37, 38 -- Injunction - May be granted even against true owner of property, only when person seeking relief is in lawful possession and enjoyment of property and also legally entitled to be in possession, not to disposes him, except in due process of law...........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Cannot be granted against true owner...........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Where plaintiff despite knowing fact that title has been set up by defendant failed to convert suit for permanent injunction into one seeking declaration and further without there being clear evidence regarding possession of plaintiff also for the reason that no injunction could be granted against true owner,..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Not available against true owner...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendants from entering over suit property - Plaintiffs are claiming their actual settled possession over property - However, no positive evidence brought on record by plaintiff to establish their actual possession over suit property - Plaintiff cannot seek injunction against true..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - True owner cannot be saddled with temporary injunction in favour of encroacher who has no prima facie case being made out in his favour at the stage of temporary injunction...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - No injunction can be granted against true owner...........
Specific Relief Act, 1963, Section 38 -- Injunction - Cannot be issued in favour of trespasser, who gained unlawful possession as against true owner...........
