Specific Relief Act, 1963, Section 39 -- Suit for mandatory injunction - Defendant constructed the wall by encroaching the land owned by plaintiff - Encroachment has to be removed and cannot be compensated by way of damages...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Ingredients for grant of ad interim injunction are : (i) prima facie case, (ii) irreparable loss, if injunction is not granted and (iii) balance of convenience - In order to determine the other grounds for grant of injunction, the Court has to examine that there is no comparative hardship and public..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Evidence discussed in detail - It also appears that suit is finally decided - Such is not the intent of the cannon of law to be used at the time of decision of application U.O.39.Rr.1,2 - Impugned order set aside...........
Specific Relief Act, 1963, Section 37 -- Punjab Tenancy Act, 1887 - Punjab Occupancy Tenants (Vesting of Proprietary Rights) Act, 1952 - Occupancy rights - Injunction - Plaintiffs asserted their right of occupancy and consequent ownership over suit land on basis of provisions of the Act of 1887 and the Act of 1952 - Assertion of said legal right by plaintiffs, although..........
Civil Procedure Code, 1908, Order 21, Civil Procedure Code, 1908, Order 1 -- Prohibitory injunction decree - Execution - Injunction obtained in a representative suit - Wilful disobedience of injunction by a person who was not party to the suit but for his benefit suit was defended - Held, a decree for injunction obtained in a representative suit is binding on all persons..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for permanent injunction - Concurrent findings of fact recorded by both Courts below as per statement of witnesses P.W. 1 and P.W. 2 is that they themselves had admitted the possession of defendant-respondent over disputed property - Both Courts below have come to the conclusion that plaintiff had failed to..........
Specific Relief Act, 1963, Section 37, 38 -- Perpetual injunction - Possession - Report of kanungo made during pendency of the suit cannot be made basis of the finding regarding possession - Finding regarding possession over suit land cannot be left to spot inspection by petty revenue official - Such reports can be obtained easily by one or other party for many extraneous..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Four defendant - Two served with notice - Injunction application not to be decided finally before service of notice to the remaining defendants - Courts below committed a patent error in passing the impugned order as against the defendants not served with notice for injunction - Liberty given to..........
Specific Relief Act, 1963, Section 37, 38 -- Suit for permanent injunction restraining defendants from demolishing latrines and stores of plaintiff - Not part of the house of plaintiff but situated across the street - Public street in between their houses and disputed stores and latrines - In the garb of suit, plaintiff want to perpetuate their illegal occupation on the..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Provision is not applicable to misc. appeal from an interlocutory order passed on the interim injunction application...........
