Specific Relief Act, 1963, Section 34 -- Suit for declaration - Relief cannot be granted if disputed property is in excess of title deed of plaintiff - Plaintiff cannot succeed on weakness of defendant's case - Plaintiff must establish his own case on the strength of his own title deed - Title deed of plaintiff not extending to disputed site - Plaintiff, therefore, not..........
Civil Procedure Code, 1908, Section 9 -- Sale deed - Suit for cancellation - Relief for possession of agricultural land and injunction also claimed - Main relief being cancellation of sale deed - Plea of limitation liable to be decided on evidence - Held, suit before civil Court is maintainable...........
Civil Procedure Code, 1908, Order 39, Rule 2-A -- Breach of the injunction order - Has to be decided on the basis of evidence led in U.O.39.R.2-A application - It has nothing to do with the merits of the suit to be finally decided - If suit is finally dismissed and breach is proved, action may have to be taken for violating the dignity of the Court and judicial system...........
Civil Procedure Code, 1908, Section 47 -- Execution - Decree for mandatory injunction passed directing the defendant to prune the over hanging branches of the trees standing on the joint boundary of the land of the parties so as to avoid the falling of their shades on the crops standing in the land of the plaintiff - Executing Court directing to uproot the trees which were..........
Transfer of Property Act, 1882, Section 111 -- Tenancy when expires by efflux of time - Landlord can take possession only by due process of law - Tenant can get a decree for injunction against the landlord so as to protect his continued possession until evicted by due process of law. (Specific Relief Act, 1963, Ss.37, 38, Civil Procedure Code, 1908, O.39.Rr.1, 2)..........
Civil Procedure Code, 1908, Section 47 -- Executing Court can execute decree as it is - Cannot alter or modify the terms of the decree - Suit decreed for mandatory injunction directing defendant to prune over - hanging branches of trees standing on joint boundaries of land of the parties so as to avoid falling of shade on crops standing in the land of the plaintiff and..........
Specific Relief Act, 1963, Section 38 -- `Right of way' - Obstruction - Land belongs to State Government - Plaintiff though had not acquired a prescriptive right of way over the disputed land but as plaintiff was using the same, such user cannot be obstructed by any person without having a better right over the disputed land - Plaintiff need not seek declaration as to..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Sought in second appeal - Averments regarding raising wall over the land by defendant and relief for mandatory injunction sought to be included in the plaint - Amendment making no change in the nature of suit - Amendment is allowed giving opportunity of evidence and hearing to both the parties...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Charitable organisation - Defendant sought to be restrained from operating accounts of charitable organisation - Allegation that defendants diverted huge funds of organisation - Though theoretically amount found ultimately due can be recovered but in reality it would be difficult - Irreparable loss would be caused to..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Interim injunction - Implementation - Police help - Allowed by trial Court - Order upheld - Provisions of O.39.R.2A does not control the jurisdiction vested in the Court in exercise of inherent powers under S.151 of the Code - No person can be permitted to take the law in his own hands and to flout the orders..........
