Specific Relief Act, 1963, Section 38, Transfer of Property Act, 1882, Section 53A -- Suit for permanent injunction - Possession delivered in pursuance of agreement to sell - Suit is not maintainable in absence of relief prayed for specific performance of agreement...........
Specific Relief Act, 1963, Section 37, 38, 39 -- Passage - Plaintiff claiming exclusive rights - Defendant claiming it to be a common lane for both plaintiff as well as defendant - Both parties relying upon documents - Suit for permanent injunction and mandatory injunction, without having the title declared, is not maintainable...........
Specific Relief Act, 1963, Section 34 -- Suit for declaration to give effect to compromise decree - Earlier suit for permanent injunction filed - Compromise between the parties - Suit dismissed as compromised - Subsequent suit filed to give effect to compromise decree - No executable decree passed in previous suit - No declaration for enforcement of unexecutable decree can..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Anti suit injunction - Suit for mandatory injunction/permanent injunction/prohibitory injunction restraining defendant from continuing with complaint for divorce pending in Foreign Court - Trial Court issued notice on ad interim injunction application - Order challenged - Principles governing grant of anti suit injunction..........
Specific Relief Act, 1963, Section 38 -- Suit for permanent injunction restraining defendant from interfering in possession - Plaintiff not in possession - Suit to be dismissed only on the ground that plaintiff is not in possession - Further finding that plaintiff is not owner is not necessary...........
Specific Relief Act, 1963, Section 38 -- Suit for permanent injunction restraining defendant from interfering in possession - Plaintiff is entitled to sue for mere injunction without adding a prayer for declaration of his rights...........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Question of title - Suit for permanent injunction restraining defendant from interfering in possession of the land - Plaintiff not found in possession of land - Question of title also decided against plaintiff - In a suit for permanent injunction based on protection of possessory title, plaintiff entitled to..........
Specific Relief Act, 1963, Section 40 -- Amendment to include relief of damages - Suit for permanent injunction against defendants for withholding goods purchased - Goods sold - Application u/s 40(2) for amendment to include relief of damages - Relief of inunction originally claimed cannot be granted for the reason that the goods have already been sold - If plaintiff can..........
Civil Procedure Code, 1908, Section 47, Specific Relief Act, 1963, Section 28 -- Objection as to rescinding of Contract and/or benefit of construction - Decree for possession by way of specific performance upheld uptill High Court - Fresh construction raised by JD during execution of decree - Suit for permanent injunction by DH restraining JD from raising construction -..........
Specific Relief Act, 1963, Section 38 -- Illegal/unauthorised possession - Suit for Permanent Injunction - Plaintiff claimed that being in settled possession can be dispossed only in accordance with law - Found to have encroached upon public street - Not entitled to any injunction...........
