Specific Relief Act, 1963, Section 39 -- Mandatory Injunction - Restraining defendants from using the house and to handover its vacate possession to plaintiff - Plaintiff purchased the suit property by way of sale deed - Concurrent findings of Courts below with regard to plaintiff's ownership of suit property cannot be found fault with, as nothing brought by defendant to..........
Specific Relief Act, 1963, Section 39, 41(h) -- Mandatory Injunction - Suit not barred by provision of S.41(h) of the Act, as plaintiff held to be owner of suit property and is residing in the same accommodation, thus, cause of action has arisen to plaintiff for filing suit for mandatory injunction - Plaintiff cannot be compelled to file a suit for possession, as held by..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary mandatory injunction - Claiming right to enjoy the tenanted premises by providing reasonable access to tenants - Plea of inconvenience and breach of privacy by landlord - Plea rejected, as in case of conflict between inconvenience and right, latter would prevail - Right comes first, inconvenience later - Right is..........
Specific Relief Act, 1963, Section 39 -- Mandatory injunction - Suit for mandatory injunction simplicitor without seeking relief of declaration regarding right of way or access by way an easement is maintainable, where there are no two landlords or two different owners involved in dispute...........
Specific Relief Act, 1963, Section 39 -- Mandatory injunction - Removal of Chhappar blocking ingress and egress of plaintiff's house - Claim based only on the basis of site plan - No evidence to show continuous usage of alleged path over land where Chhappar in question is allegedly constructed by defendant - It is not that plaintiff has no access to his property - Access..........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Suit for mandatory injunction and recovery of damages - Suit filed by unregistered public Trust - Suit is barred in view of S.17 of Registration Act and S.29 of Rajasthan Public Trusts Act, as registration of public Trust is mandatory - Plaint rightly rejected...........
Specific Relief Act, 1963, Section 39 - - Mandatory injunction - Seeking vacant possession of house in question from daughter-i, law - Status of son or daughter-i, law in house owned by father and father-i, law, mother and mother-i, law is that of a licensee - In case licensor do not want the licensee in the house owned by him, he can always seek possession by filing suit..........
Specific Relief Act, 1963, Section 39 - - Mandatory injunction - Seeking vacant possession of house in question from daughter-i, law/defendant - Defendant failed to prove that house purchased from funds of Hindu Joint family property - Plea of daughter-i, law that construction of house in question was raised out of funds provided by husband pales into insignificance as..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment - Sought in counter claim at the stage of judgment - Amendment sought in counter claim by substituting "mandatory injunction" by "possession" - Neither there is any whisper as to why amendment is sought at the belated stage nor there is any assertion in application that in spite of due diligence defendant could not..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendment sought to convert a suit for mandatory injunction into relief of specific performance - Plaintiff invoked jurisdiction of civil Court by filing suit for mandatory injunction when breach was already there and was not prevented to seek specific performance - However, plaintiff did not avail..........
