Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for permanent injunction - Measurement and boundaries of disputed land are not clear from evidence produced by plaintiffs who are in possession of suit property, nor does it make clear that it is same land which is described in the plaint - Plaintiffs are not entitled to get any relief - Suit rightly..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Forcible dispossession in violation of injunction order - Courts u/s 151 CPC have power to restore possession...........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Temporary injunction - Police aid - Dispossession in violation of order of temporary injunction - Concerned SHO directed to provide police help to plaintiff to restore possession of plaintiff as in existence on the date of grant of temporary injunction...........
Civil Procedure Code, 1908, Section 151, Order 23, Rule 1(3) -- Withdrawal of suit - With liberty to file fresh suit - Specific case of defendant is that she is owner in possession of property and without seeking relief qua proprietary rights on title of suit property by way of declaration, plaintiff is not entitled to any injunction - Plaintiff moved an application for..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for permanent injunction - Categorical assertion has been made in the plaint that property is the joint ownership of parties as property belongs to father of parties - Stand of defendant that he is in exclusive possession of property is not a fact which can be ascertained from a meaningful reading..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for permanent injunction - Categorical assertion has been made in the plaint that property is the joint ownership of parties as property belongs to father of parties - Stand of defendant that he is in exclusive possession of property is not a fact which can be ascertained from a meaningful reading..........
Specific Relief Act, 1963, Section 37 -- Injunction - Co-sharers - Case of plaintiff is that suit property was jointly owned and possessed by parties - However, defendants claimed that suit property was mutually partitioned between parties and parties were in possession of their respective shares - Plaintiff admitted that walls had been constructed over separate portions..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining co-sharer from raising construction - Co-sharer, who is in exclusive possession of a joint holding, cannot be restrained from raising construction on that portion of the joint holding of which he is in exclusive possession - Order allowing defendant to raise construction subject to..........
Specific Relief Act, 1963, Section 37, 38 -- Permanent injunction - Once the possession of plaintiff was declared as unauthorized and illegal by Courts below, there was no question of protecting such possession by a decree of permanent injunction - Suit for permanent injunction dismissed...........
Court Fees Act, 1870, Section 7 -- Ad valorem Court fee - Suit for declaration as well as joint possession and permanent injunction - Plaint nowhere establishes a clear cut ouster or abandonment of possession of plaintiff from suit property - Suit property is claimed to be joint between parties - Plaintiff thus, cannot be called upon to pay Court fee on market value of..........
