Specific Relief Act, 1963, Section 37, 38 -- Permanent Injunction - Plaintiff claimed to be in possession of suit property for past more than 12/14 years - On spot inspection by revenue officials Plot was transferred to plaintiff via conveyance deed - No evidences shown by defendants to prove possession over suit land - Neither any Sarpanch nor any official of Panchayat..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Dispute over connection of electric motor on a land - Prima Facie made out that parties are jointly recorded as owners being co-sharers - Held, Plaintiffs being co-sharers cannot be prevented from using the electric motor connection which is existing in the name of petitioner, as per share...........
Specific Relief Act, 1963, Section 37, 38 -- Permanent Injunction - Validity - Respondents proved that they purchased mortgagee rights very specifically and stated that respondents have been continuing in possession for suit property since purchase of mortgagee rights - Appellant not being able to bring any evidence, to rebut the evidence brought forth - Grant of permanent..........
Specific Relief Act, 1963, Section 37, 38 -- Indian Evidence Act, 1872, S. 134 - Permanent Injunction - Number of witness - Respondents has examined only one witness to prove the possession over land - Held, No particular number of witnesses are required to proof a particular fact, only the evidence has to be weighed and no, counted - Grant of permanent Injunction, proper...........
Specific Relief Act, 1963, Section 34, 37, 38 - - Injunction - Plaintiff Claimed ownership on the basis of jamabandi for the year 1994-95 which showed name of ownership as of his father along with brother - Before that period jamabandi reflected that suit property belong to somebody else - Nothing brought on record by plaintiff to show that prior to jamabandi 1994-95,..........
Specific Relief Act, 1963, Section 37, 38, Civil Procedure Code, 1908, Order 1, Rule 8 -- Permanent Injunction - Plaintiff filed suit in representative capacity - Plaintiff did not prove on record by leading direct and cogent evidence much less documentary evidence that they were in possession of trees standing on land and ownership of trees vested in them - Injunction..........
Specific Relief Act, 1963, Section 37, 38 -- Permanent Injunction - Respondent has categorically averred and prima facie proved that he is in possession of suit land and tried to restrain petitioner from inferring therein - Petitioner claim for permanent injunction denied...........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Suit for permanent injunction filed when it was open for plaintiff to file suit for specific performance - At the later stage on the same cause of action plaintiff seeking leave to file a comprehensive suit of specific performance - When main relief should be for seeking specific performance of agreement in question as per..........
Specific Relief Act, 1963, Section 37, 38 -- Injunction - Grant - Plaintiff sold part of the property to defendant - Records show that there exists a pucca boundary wall that surrounds the home of plaintiff - Disputed portion is situated outside the boundary wall - Held, no one would leave any portion of his property outside the boundary wall of his house - Neither any..........
Specific Relief Act, 1963, Section 37, 38 -- Permanent Injunction - Granted - Validity - Injunction claimed for raising any construction in suit land and from changing its nature and character - Suit property jointly owned by plaintiffs and half of defendant - Property yet to be partitioned - Other half of defendants had no right, title or interest in the suit property and..........
