Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendants from alienating or encumbering suit property - Plaintiffs were neither in possession of land nor produced any document to establish that they had ever exercised their rights of ownership over suit property - Even otherwise, since the plaintiffs are attempting to..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for permanent injunction - Plaintiff is in occupation of property and Panchayat had indeed granted permission to plaintiff for construction of house - Trial Court and First appellate Court have found plaintiff as owner and occupier of suit property - Since plaintiff was owner of property, which is the only..........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration of title and permanent prohibitory injunction - Evidence on record proves that plaintiffs are in possession of suit property - However, plaintiffs failed to prove their title in suit property - Plaintiffs entitled to relief of permanent injunction but not entitled to relief of declaration of title...........
Will -- Proof of - Execution of Will not proved by plaintiff in terms of S.63 of Succession Act and S.68 of Evidence Act - DW1 and DW2 not admitted the execution of Will - PW2 and PW3 both have not disclosed the date, month and year of execution of Will - Will thus, not proved - Suit for permanent injunction and declaration on basis of Will dismissed...........
Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - Earlier suit filed for declaration and permanent injunction and subsequent suit for eviction - Issues which arise in earlier suit are quite distinct from issues which arise in suit seeking eviction of tenants - Although suits may be in respect of very same property, nevertheless, issues do not overlap and..........
Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - Earlier suit filed for declaration and permanent injunction and subsequent suit for eviction - Issues which arise in earlier suit are quite distinct from issues which arise in suit seeking eviction of tenants - Although suits may be in respect of very same property, nevertheless, issues do not overlap and..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendants from parking their vehicles in front of shops occupied by plaintiffs - Shops in question are in possession of plaintiffs and they are operating business activities from these shops - By parking vehicles exactly in front of shops thereby blocking free flow of movement certainly..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - No injunction can be granted against true owner, only when the person seeking the relief is in lawful possession and enjoyment of the property and also legally entitled to be in possession, not to dispossess him except according to procedure of law...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Irreparable loss - If the loss likely to be suffered by not granting injunction cannot be compensated in terms of money it is treated as irreparable loss...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Out of three principles, prima facie case is sine quo non for granting interim injunction and another one principle is sufficient - Not all three are required to grant the relief of injunction...........
