Specific Relief Act, 1963, Section 38 -- Permanent injunction - Defendant filed suit for permanent injunction by way of counter claim - Revenue record does not reflect sale of any portion of land nor does it show that plaintiff was in possession of suit property - Defendants by leading ocular and documentary evidence, proved agreement to sell whereby part of property..........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Nature of suit property was proved to be abadi deh lying within lal lakeer - Possession of land within abadi deh/lal lakeer follows ownership - Even though possession of plaintiff over suit land may be unauthorized but that does not give any legal right to defendant to dispossess plaintiff or interfere in his..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendants from interfering in possession of plaintiff - Revenue authorities have already partitioned suit land - Possession of specific portion of suit land was handed over to plaintiff - Defendant thus, cannot interfere in possession of plaintiff, as partition proceedings stands..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendants from obstructing lawful possession of plaintiff - Claim of defendants having any title over property is itself in question in as much as claim for partition was made against husband and father of defendants - Since said partition suit was dismissed for non-prosecution, they..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for declaration - Proposed amendment is very much related to subject matter of suit property - In order to determine the real issue in controversy between parties, proposed amendment is required to be allowed since without particulars of measurement of encroached land of homestead property, it would..........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Decree for permanent injunction cannot be passed only on the basis of possession in pursuance of an agreement to sell...........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Co-sharers - Plaintiff failed to establish his exclusive ownership and exclusive possession over suit land - No revenue documents have been placed on the record in evidence to show that plaintiff and defendant are in possession of a certain specific portions of suit land - In the absence of any evidence having..........
Civil Procedure Code, 1908, Section 47 -- Execution - Third party objections - Suit for recovery of possession - Petitioner was neither a party to suit nor purchaser or representative of parties to decree - He failed to show that he is entitled to object to execution of decree - DH has not filed any application complaining about objector's resistance to execution..........
Constitution of India, 1950, Article 226 -- Writ jurisdiction - Title dispute - When there are serious disputes with regard to possession and title and validity of documents and its genuineness, writ petition is not a remedy to resolve the title disputes qua possession of property...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for mandatory injunction - Amendment is for declaring title of plaintiff and for recovery of possession - Said proposed amendment does not introduce a new case - It only elaborates the circumstances which has to be established by sufficient evidence - There is no alteration in the nature, character..........
