Civil Procedure Code, 1908, Order 21, Rule 32(5) -- Execution - Decree for permanent injunction - Violation of decree - J.D. subsequently trespassed into the property and remained in possession therein - Decree can be enforced by evicting JD from the property...........
Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Impleadment of a party - Suit for permanent prohibitory injunction - Applicant set up a rival title over suit property - A simple suit for injunction cannot be converted into a suit for title - Applicant is neither a necessary nor proper party to proceedings - Application dismissed...........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Plaintiff failed to produce any cogent evidence on record to establish his actual physical possession over suit property - There is thus, no documentary evidence available on record to show possession of plaintiff - No doubt, some witnesses have orally deposed in support of plaintiff, but mere oral deposition..........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration of title and permanent injunction - Title of plaintiff over suit property not proved - However, oral and documentary evidence discloses settled possession of plaintiffs from 1968 onwards - Relief of permanent injunction rightly granted even though declaratory relief is not granted...........
Court Fees Act, 1870, Section 7 -- Ad valorem Court fee - Suit for mandatory injunction and mesne profit for use and occupation of premises during pendency of suit - No ad valorem Court fee is payable on the amount sought as mesne profits from date of filing of suit onwards...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Interim order of deposit of rent - Trial Court without deciding an application for temporary injunction passed order directing vendee to deposit the rent - It was not appropriate to pass such an order directing vendee to deposit rent after collecting it from tenants particularly when sale deed has..........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration and permanent injunction - Plaintiffs claimed their ownership over suit property on the basis of sale deed - They have established the boundaries of disputed property given in their sale deed as disclosed in Commission report and Survey Commissioner Report - Plaintiffs have proved that they are owners of..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Partition suit - Amendment sought to incorporate properties mentioned in written statement - Since suit is for partition and permanent injunction, all the disputed properties should have been included in the suit - Same would not change the nature of suit - Application allowed for including additional..........
Specific Relief Act, 1963, Section 38, 39 -- Permanent prohibitory and mandatory injunction - Land in question is joint - Since, defendants are trying to occupy the portion of joint land and exclude plaintiffs from its use, they are entitled to seek relief of prohibitory injunction and mandatory injunction - They need not seek relief of partition or declaration of title...........
Co-sharers -- Injunction - One co-owner cannot take exclusive possession of property nor commit an act of waste, ouster or illegitimate use and if he does so he may be restrained by an injunction...........
