Specific Relief Act, 1963, Section 38 -- Permanent Injunction - Suit by Gram Panchayat restraining defendant from obstructing in construction work of Panchayat Ghar on suit land - Decreed by Courts below - Suit land reserved for benefit of village community and being used for common purposes - Shamlat land within meaning of Section 2(g)(4) of Punjab Village Common Land..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Street - Encroachment by plaintiff - Held, an encroacher has no right to seek temporary injunction against Gram Panchayat...........
Civil Procedure Code, 1908 -- Order 39, R. 1 and 2 - Temporary injunction - Plaintiff-petitioner himself an encroacher upon the land belonging to defendant-respondent Gram Panchayat - Held not entitled to the relief of temporary injunction against the Gram Panchayat...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction against forcible dispossession - Plaintiff admittedly in possession of plot in question - Possession of plaintiff over the plot in question entered in the records (field book) - Even Gram Panchayat issued notice to father of plaintiff for removal of construction over the said plot - Gram Panchayat not..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction against Gram Panchayat in a suit for permanent injunction - Land in dispute Shamilat Deh within meaning of Section 2(g) Punjab Village Common Lands (Regulation) Act and vests in Gram Panchayat - Plaintiffs-residents of the village not entitled to grant of any interim injunction - Punjab Village Common..........
Civil Procedure Code, 1908, Order 39, Rule 1 -- Temporary injunction - Restraining Gram Panchayat from constructing drain for discharging the sullage and rainy water - Gram Panchayat is executing a work of public utility, which should not be stalled on the apprehension of the plaintiffs which according to the panchayat is illusory and is unfounded...........
Punjab Village Common Lands (Regulation) Act, Section 13 -- Suit in Civil Court for injunction claiming to be owner in possession of suit property - Defendants asserted that site in dispute a street and a Chowk being used by all villagers for common purposes, same belongs to Gram Panchayat and jurisdiction of Civil Court barred under Section 13 as site in dispute Shamlat..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 5, 4, 2(g)(4) -- Change of user of land vested in Gram Panchayat - Competent - Land used by inhabitants of the village for a common purpose would be land vested in Gram Panchayat - Gram Panchayat can always put said land to the use of a sort which is in the benefit of the public at large - Suit for permanent..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Suit for injunction against Gram Panchayat - Court must consider larger interest rather than individual interest against public interest...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction in a suit for permanent injunction to restrain Gram Panchayat from interfering in possession of land taken on lease granted by B.D.&P.O. for manufacturing bricks, making payment of Chakota and lease money to Gram Panchayat - B.D.& P.O. not competent to auction land of Gram Panchayat as permission of..........
