Civil Procedure Code, 1908, Section 100, Specific Relief Act, 1963, Section 38 -- Permanent injunction - Plaintiff sought to restrain defendant from making construction in front of open space of his house - Plaintiff claimed that he has been using said space as way from road to his house since time immemorial - Concurrent findings of trial Court and first appellate Court..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Injunction - To restrain defendant from interfering with possession of premises on fourth floor of suit property - Defendant was owner of third floor of property - Plaintiff said to have acquired construction on fourth floor including right to terrace - Plaintiff claimed ownership through General power of Attorney and..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Necessary or proper parties - Suit for permanent injunction restraining neighbours from raising any construction over adjoining land - Applicants seeking impleadment as a party claiming themselves to be owners of house in which plaintiff was residing - Any finding relating to adjoining land may affect their right in case they..........
Civil Procedure Code, 1908, Order 1, Rule 10, Specific Relief Act, 1963, Section 38 -- Permanent injunction suit - To restrain defendants neighbours from raising any construction over adjoining land towards west of house of plaintiff - Impleadment sought on the ground of being owner of plaintiff - Finding likely to effect their rights also - Impleadment allowed being..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Cosharer in joint possession - Suit for injunction to restrain the other co-sharer from selling more than his share and raise construction - Injunction granted as the defendant not found to be in exclusive possession - Order upheld by the High Court and further held that equity demands that the property should be preserved..........
Specific Relief Act, 1963, Section 39 -- Co-sharer - Construction raised by one co-sharer on joint land on an area in his exclusive possession - Held, once a co-sharer is in exclusive possession he has right to enjoy the possession thereof subject to the right of other co-sharers in partition proceedings - There cannot be any decree for mandatory injunction directing that..........
Specific Relief Act, 1963, Section 37, 38, 39 -- Public road - Encroachment - Plaintiff need not to show any special damage to him in order to obtain relief from Court for restraining defendant from making construction by way of encroachment and also for mandatory injunction to remove the existing construction which was an encroachment...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction restraining defendant from raising any construction over the property in dispute - Undertaking by defendant to raise construction at his own risk and responsibility and that he will not claim any compensation and rather remove the malba in case suit is decided against him - Defendant allowed to raise..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction issued by trial Court, in a suit for permanent injunction that defendants be restrained from raising any construction over property in dispute, reversed by Appellate Court - Specifically undertaking given by defendants - High Court issued directions that defendants or any other persons claiming under..........
Specific Relief Act, 1963, Section 34 -- Further relief, failure to claim - Suit for declaration of title, recovery of possession and injunction - Defendant alleged to be a rank trespasser who was in the process of committing a trespass and was allegedly raising unauthorised construction over the property neither owned nor legally possessed by him - Relief of specific..........
