Possession -- Claimed as alternative relief - Suit for declaration with consequential relief of injunction and alternative relief of possession - Grant of decree of declaration and permanent injunction - Appellate Court modified decree by granting relief of possession also as it came to conclusion that suit land is owned by plaintiff and part of same was in possession of..........
Specific Relief Act, 1963, Section 38 -- Permanent prohibitory injunction - A decree of permanent prohibitory injunction can only be issued if plaintiff is found to be in possession, especially when title is based on possession...........
Specific Relief Act, 1963, Section 38 -- Permanent prohibitory injunction - Plaintiff claimed his title on the basis of his possession - However, plaintiff dispossessed from a major portion of property during pendency of suit and he had not claimed any relief of possession - Plaintiff was out of possession and he cannot be put in possession, without his making a prayer for..........
Suit for declaration -- Possession - Permanent injunction and damages - Plea of plaintiff that he purchased the property individually - Plea of defendants that property in question was jointly purchased by plaintiff and defendant - Both the parties failed to prove title documents - However, plaintiff was in prior possession of suit property and his prior possession not..........
Registration Act, 1908, Section 22A, 71 -- Refusal to register a document - Injunction order - Petitioner and his vendors not parties to injunction order - Unless petitioner is a party or tracing his title through party to any order passed by a competent Court of law prohibiting alienation, registering authority shall process the document in accordance with law and release..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Substantial question of law - Second appeal decided on the assumption that suit is for grant of permanent injunction simpliciter - However, reading of the plaint as a whole shows that issue of title is not wholly foreign to the controversy and is relevant while considering the grant of permanent injunction -..........
Specific Relief Act, 1963, Section 38 -- Suit for demolition of boundary wall and permanent injunction - Right, title and interest of plaintiff over the disputed property - Raising of boundary wall by defendant - Possession of plaintiff cannot be said to be ousted when suit filed within three days as defendant had no possession, much less settled possession - Plaintiff not..........
Specific Relief Act, 1963, Section 38 -- Suit for perpetual injunction - Suit property a road - To grant a decree of perpetual injunction, what has to be considered is as to who is in actual physical possession of property - When property is baron land, vacant land or lying as a road etc., title deed should be there to ascertain the possession over such property - In such..........
Specific Relief Act, 1963, Section 38 -- Suit for perpetual injunction - Suit property a road - False claim of title - Unregistered sale deed, not reliable - Injunction cannot be granted on basis of such document...........
Civil Procedure Code, 1908, Order 41, Rule 5, Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Stay of injunction order - Ad interim injunction order was passed against subsequent purchaser/applicant, as defendant/vendor sold the agreed property to him - It is evident that applicant would be parting with right, title and possession of a part of suit property by creating..........
