Specific Relief Act, 1963, Section 37, 38 -- Suit for permanent injunction - If title to property was basis of relief of possession, relief for permanent injunction can be said to be a consequential relief in a suit for substantive relief...........
Specific Relief Act, 1963, Section 37, 38 -- Injunction - May be granted even against true owner of property, only when person seeking relief is in lawful possession and enjoyment of property and also legally entitled to be in possession, not to disposes him, except in due process of law...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Suit for permanent injunction - Documents which were sought to be produced at appellate stage were mainly public documents - Authenticity and genuineness of said documents was not in dispute - Suit for perpetual injunction is on assertion of settled possession - Hence, these documents..........
Civil Procedure Code, 1908, Order 6, Rule 17, Specific Relief Act, 1963, Section 21(5) -- Proviso, 40(2) - Amendment of plaint - Suit for specific performance, mandatory injunction and possession - Ss.21(5) Proviso, 40(2) of Specific Relief Act entitles plaintiff to seek amendment for claiming compensation or damages, as the case may be, at any stage of proceedings and in..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for permanent injunction - Concurrent findings of facts recorded by two Courts below that plaintiffs were not in possession of suit property - Counsel for plaintiffs failed to point out any question of law much less substantial question of law - No interference warranted in said concurrent findings - Second..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for permanent injunction - Concurrent findings of fact recorded by Courts below that plaintiff failed to show his ownership and possession over plot in question - Finding of fact is based on proper appreciation of evidence on record - Plaintiff rightly not entitled to decree for permanent injunction - Second..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for permanent injunction - Concurrent finding of Courts below with regard to possession of defendants over suit property - Plaintiffs failed to point out any question of law much less substantial question of law - Suit rightly dismissed...........
Adverse possession -- Suit for declaration and injunction - Defendants claiming adverse possession on basis of unregistered sale deed of suit property valued more than Rs.100 - Compulsorily registerable document not registered could not be relied upon in evidence - There cannot be finding on adverse possession when claim is based on a document inadmissible in evidence -..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Plaintiff has not proved possession as on date of institution of suit and it is defendant who appears to be in possession - Refusal to grant temporary injunction proper...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Plaintiffs though assert themselves to be owners in possession of suit property for last 37 years, but however, not even a single document has come on record to substantiate the plea of ownership or possession - In fact, plaintiffs now admit possession of defendants over suit property - Application..........
