Specific Relief Act, 1963, Section 38 -- Permanent injunction - Joint property - Sale of specific portion of undivided property - It is sale of share of vendor subject to partition - Vendor is entitled to hold possession of such specific portion till partition of property - To claim possession of specific portion it has to be proved that vendor was in possession of that..........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit - Formal defects - Suit for mandatory injunction filed instead of suit for specific performance - Suit was likely to fail on technical defects in framing the suit for mandatory injunction - Order allowing withdrawal of suit with liberty to institute a fresh suit on the same cause of action, upheld...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local commissioner - Suit for injunction - Local Commissioner can be appointed to note down the physical features of the suit property - Local Commissioner cannot be appointed to measure the suit property or the lands in other survey numbers...........
Court Fees Act, 1870, Section 7(iv)(d) -- Court fee - Claim of damages of 20 lacs on account of loss caused to property, tractor, car, motor-cycle, electric connection, electric motors etc. - Plaintiff himself assessed the value of compensation of 20 lacs - Through suit is framed for declaration and mandatory injunction but it is the relief claimed and not form of suit,..........
Civil Procedure Code, 1908, Order 39, Rule 4 -- Temporary injunction - Modification of order - Court is empowered to discharge, vary or set aside the order of injunction on an application made by any party, dissatisfied with the order of injunction, provided there is a change in the circumstances or the Court is satisfied that the order has caused undue hardship to that..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Concurrent findings of both Court below that plaintiff has no title to land in question - Report of Commissioner on possession of land is of no benefit to plaintiff - Fact of dismissal of earlier suit and settlement between parties suppressed - Application for temporary injunction rightly rejected...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Order 1, Rule 10 -- Ad interim injunction - Application not to be decided on the concession of one party pending disposal of an application U.O.1.R.10 CPC for impleading a necessary party...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - By way of amendment suit for permanent injunction sought to be converted to a suit for specific performance - Amendment allowed...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Co-owner in exclusive possession raising construction - A co-owner who is not in possession of any part of property is not entitled to seek injunction against co-owner who is in exclusive possession of suit property, unless act of person in possession of suit property amounts to ouster, adverse to..........
Civil Procedure Code, 1908, Order 21, Rule 32 -- Injunction decree - Execution - Plaintiff held to be in possession of 28 Kanals 14 marlas - On the basis of Local Commissioners Report and evidence led by parties Executing Court held that D.H. is in possession of 24 Kanals 18 marlas - In order to satisfy the decree warrant of attachment issued - Order upheld...........
