Civil Procedure Code, 1908, Order 2, Rule 2 -- Agreement to sell - Specific performance - Filing of suit during pendency of suit for permanent injunction - When suit for injunction filed cause of action for filing suit for specific performance was not available to plaintiff - Cause of action in a suit for permanent injunction is different than the one in a suit for..........
Punjab Land Revenue Act, 1887, Section 111, 116, 117, 118, 119, 120, 121, Specific Relief Act, 1963, Section 37 -- Mode of partition - Ex-parte proceedings - Civil suit for injunction by the respondent, proceeded ex-parte - Injunction refused. Held - Civil Suit for injunction is different from partition proceedings. Injunction normally refused qua another co-sharer of a..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Co-owners - Raising of construction - Not permissible before getting the land partitioned - Raising of construction is likely to affect the rights of plaintiff - Rights of co-sharer are required to be protected - Held, defendant rightly restrained from raising construction...........
Specific Relief Act, 1963, Section 37, 38 -- Injunction - Plaintiff is not entitled to injunction merely on the basis of three stray entries in Khasra Girdwari and the same not incorporated in any Jamabandi...........
Limitation Act, 1963, Article 58, Specific Relief Act, 1963, Section 34, 36 -- Suit for declaration of title and injunction - Defendant claiming title in himself on basis of entry in record of rights - Suit filed within three years of date of getting knowledge about entry in record of rights - Held, suit is not barred by limitation...........
Specific Relief Act, 1963, Section 34, 36 -- Suit for declaration of title and injunction - Widow claiming title to property gifted to her husband by way of registered gift deed when he was alive - Her brother claiming title to property on basis of entry in record of rights - Presumption arising from entry in record of rights is rebuttable presumption and cannot prevail..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - In favour of defendant - Cannot be granted restraining plaintiff from interfering in his peaceful possession in a suit filed by plaintiff for relief of perpetual injunction restraining defendant from interfering in his peaceful possession...........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 2 -- Injunction - Courts have jurisdiction to pass an order of injunction not only U.O.39.R.2 CPC but also under Section 151 thereof...........
Civil Procedure Code, 1908, Section 115, Constitution of India, 1950, Article 227 -- Maintainability of revision - Suit for permanent injunction - Dismissed - Challenge to the observations made in one of the issues - Issue decided against plaintiff - Revision challanging said observation/ discussion not maintainable...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendant from raising construction or altering nature of suit property - Construction complete upto lintel level when suit was filed - Nature of suit land already changed by constructing a building - Defendant if restrained from completing building then it will cause serious prejudice to..........
