Specific Relief Act, 1963, Section 38 -- Permanent injunction - When main relief of cancellation of sale deed of disputed property is not granted to plaintiff, then even consequential relief of permanent injunction cannot be granted to him against true owner of disputed property, who has acquired its ownership on the basis of said sale deed...........
Specific Relief Act, 1963, Section 38, 39 -- Co-owners - Suit for permanent or mandatory injunction - Not maintainable against another co-owner, notwithstanding the fact that different co-owners may be in a separate actual possession of distinct portions - In such circumstances, the only appropriate and legally permissible course open to plaintiff was to seek partition of..........
Civil Procedure Code, 1908, Order 21, Rule 32 -- Execution - Decree for permanent injunction - Dispossession - Issuance of warrants of possession - Warrants of possession can be issued in favour of DH in a suit for permanent injunction in exercise of powers U.O.21.R.32(5) Explanation CPC...........
Civil Procedure Code, 1908, Order 21, Rule 32 -- Execution - Decree for permanent injunction - Dispossession - Issuance of warrants of possession - Mere fact that no specific date or time of dispossession of DH from suit property was pleaded or established, it cannot be said that no warrants of possession in her favour can be issued...........
Civil Procedure Code, 1908, Order 21, Rule 32 -- Execution - Decree for permanent injunction - Dispossession - Issuance of warrants of possession - Once a concurrent finding of fact was recorded by both Courts below in suit that DH was in possession of suit property, same carried presumption of her possession as on the date of filing of suit till the date of its..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for permanent injunction simplicitor - Petitioners are mother and sister of defendant and they are claiming possession over suit land through defendants - However, according to plaintiffs, defendant are only persons who are disturbing possession of plaintiffs over suit land - Petitioners who do..........
Civil Procedure Code, 1908, Order 7, Rule 3 -- Description of property - Suit for permanent injunction cannot be maintained without a proper and identifiable description of immovable property, including boundaries or a map/sketch, as mandated U.O.7.R.3 CPC...........
Specific Relief Act, 1963, Section 37, 38 -- Injunction - When a person seeks bare injunction based on possession, he has to prima facie identify the property for which relief is claimed...........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Plaintiff failed to provide a clear and identifiable description of property, including boundaries, which renders suit unsustainable - Plaintiff ought to have taken steps such as seeking a commission, to identify disputed property - Failure by plaintiff to take appropriate steps to substantiate his claim, he..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for permanent injunction - Both the parties had placed reliance on demarcation reports obtained by them - Demarcation report as produced by plaintiff not found convincing - As regarding demarcation report submitted by defendant clearly spells out mode and manner in which measurements were carried out by..........
