Specific Relief Act, 1963, Section 38, 39 -- Suit for permanent injunction and in alternative for a decree for possession by way of demolition of built up structure - Tehsildar in his report mentioned that defendants encroached upon suit property by raising construction - No objection to said report has been taken by defendants - Plaintiff is entitled to relief of..........
Specific Relief Act, 1963, Section 38 -- Suit for permanent injunction - Can be filed on basis of mutual division of property in place between parties - It is not necessary that date on which family partition took place is necessarily to be disclosed particularly, when it has come on record that property stands mutually divided in the year 1980...........
Specific Relief Act, 1963, Section 39 -- Mandatory injunction - Directing defendants to vacate the suit property - Plaintiff is father of defendant No.1 - Suit property belongs to father - Nature of possession of defendants being that of a licensee and there is series of litigation between them - Concurrent findings of facts rendered by two Courts below would clearly show..........
Specific Relief Act, 1963, Section 20 -- Agreement to sell - Specific performance - Court can refuse discretionary relief of specific performance despite plaintiff succeeding to prove his case of a breach of contract - But discretion has not to be exercised arbitrarily, it has to be exercised in accordance with S.20 of the Act...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Specific Relief Act, 1963, Section 41(a)(b) -- Interim injunction - Cannot be issued in favour of plaintiff to obstruct execution of decree - Such relief is specifically barred u/s 41(a)(b) of Specific Relief Act - Interim injunction rightly rejected...........
Specific Relief Act, 1963, Section 34 -- Suit for declaration of title on the basis of Hiba - Written hibanama was preceded by oral hiba - Suit filed without seeking relief of cancellation of registered sale deed favouring defendant - Not maintainable, as suit was barred in terms of S.34 Proviso of the Act...........
Specific Relief Act, 1963, Section 34 -- Suit for declaration - Maintainability - Question regarding maintainability of suit in terms of S.34 of the Act has to be seen with regard to pleadings made in the plaint and would therefore be a question of law which is already settled can be taken at any stage...........
Specific Relief Act, 1963, Section 34 -- Suit for declaration of title - Defendant contended that mutation of suit property is in his favour - However, defendant failed to produce certified copy of mutation register - Plea taken by plaintiffs is found trustworthy that defendant is neither in legal possession of suit property nor same was validly mutated in his name - Suit..........
Specific Relief Act, 1963, Section 38 -- Suit for permanent injunction - Simpliciter suit for injunction is not maintainable when plaintiff did not add relief of declaration as defendants had set up title in themselves on the basis of Will...........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration and permanent injunction - Co-sharers - Land in question belongs to Gram Panchayat, which has not been impleaded as party - Injunction sought against co-sharers on the strength of an entry made in the Bahi in the year 1991 at a belated stage after 10 years - Possession is also stated to be of year 1960 and..........
