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 -- Suit for permanent injunction - Maintainability - Once plaintiff has failed to get any substantive relief of cancellation of sale deed and declaration relief, then consequential relief of permanent injunction must fail and plaintiff is not entitled to any permanent injunction against true owner...........
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...........
Specific Relief Act, 1963, Section 37, 38 -- Injunction suit - Issue regarding title - If matter involves complicated questions of fact and law relating to title, Court will relegate the parties to the remedy by way of comprehensive suit for declaration of title, instead of deciding the issue in a suit for mere injunction...........
Specific Relief Act, 1963, Section 37, 38 -- Injunction suit - Issue regarding title - Court may decide issue regarding title even in a suit for injunction, if there are necessary pleadings regarding title and appropriate issues relating to title on which parties lead evidence, if matter involved is simple and straightforward - However, such cases are exception to the..........
Specific Relief Act, 1963, Section 37, 38, 39, Protection of Women From Domestic Violence Act, 2005, Section 12 -- Suit for permanent/mandatory injunction against son and daughter-in-law - Plea by defendant under DV Act - Plaintiff claiming to be owner of suit property and that defendants are licensees in the property - Ownership of plaintiff not in dispute - There is no..........
Specific Relief Act, 1963, Section 37, 38 -- Suit for permanent injunction - On the basis of lease deed executed in favour of plaintiff by Gram Sabha in the year 1955 - At that time it was Gaon Sabha and Gram Sabha came into existence in 1962 - Plaintiff failed to prove as to how lease deed was executed by Gaon Sabha - Trial Court rightly held, that plaintiffs failed to..........
Specific Relief Act, 1963, Section 37, 38 -- Injunction - Trespasser in established possession can obtain injunction...........
Specific Relief Act, 1963, Section 37, 38 -- Suit for permanent injunction without seeking declaration of title - In suit nothing narrated about title dispute - Suit is maintainable in view of previous litigation which was initiated at the instance of defendant No.1 where he lost suit for declaration and recovery of possession of the same property...........
Specific Relief Act, 1963, Section 37, 38 -- Permanent injunction - Plaintiff a licensee - Restraining defendant from forcibly evicting plaintiff - Notice prior to removal of possession not issued to plaintiff - No prior notice issued terminating the license - Having not done so, action of Nagar Palika is arbitrary and illegal in the eyes of law - Suit decreed - Defendant..........
