Specific Relief Act, 1963, Section 37, 38, Civil Procedure Code, 1908, Section 91(1) -- Injunction - Construction of building in violation of Municipal Regulations - Single individual can file a suit for injunction to restrain the wrongdoer from proceeding such an illegal act - Suit does not come under S.91(1) CPC...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Suit for injunction - Dispossession during pendency of suit - Amendment of plaint sought seeking relief of possession - Amendment allowed...........
Specific Relief Act, 1963, Section 38 -- Suit for permanent injunction against defendants restraining them from interfering or forcibly dispossessing plaintiffs alleging that their predecessor - in - interest was in cultivating possession of suit land and paying rent to landowners - Earlier revenue entries in favour of predecessor - in - interest of plaintiffs - Later..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- No injunction can be granted in favour of encroacher against true owner...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction against Gram Panchayat in a suit for permanent injunction - Land in dispute Shamilat Deh within meaning of Section 2(g) Punjab Village Common Lands (Regulation) Act and vests in Gram Panchayat - Plaintiffs-residents of the village not entitled to grant of any interim injunction - Punjab Village Common..........
Specific Relief Act, 1963, Section 34 -- Cancellation of lease and licence - Suit for declaration that cancellation is arbitrary, illegal and contrary to terms and conditions of lease and suit for permanent injunction restraining defendant from enforcing that order - During pendency of suit defendant granted fresh lease to third party for 20 years from date of lease or..........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 41, Rule 27 -- Plaint - Amendment at appellate stage - Suit for declaration of title and injunction - As plaintiff dispossessed during pendency of appeal as such relief of possession sought - Courts should try to avoid multiplicity of litigation - Amendment allowed - Appellate Court to invoke..........
Civil Procedure Code, 1908, Section 115, Order 6, Rule 17 -- Plaint - Amendment - Subsequent events - Suit for permanent injunction - During pendency of suit defendant raised certain construction over the suit property - To avoid the multiplicity of suits amendment sought which cannot be said to be either improper or incorrect - Held, as interlocutory order neither..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Suit for permanent prohibitory injunction - By way of amendment relief of declaration of title and possession sought - Amendment sought after 11 years of institution of suit - Plaintiff not debarred from instituting a new suit, hence to avoid multiplicity of suits amendment allowed - Amended plaint shall..........
Court Fees Act, 1870, Section 7(iv)(c) -- Sale deed - Challenged in a suit for declaration by grandsons that alienation made by their grandfather being without legal necessity and without consideration and consequently relief of permanent injunction claimed - Only way to avoid the document would be to seek its cancellation and mere declaration cannot have an effect on the..........
