Specific Relief Act, 1963, Section 34, 37, 38 -- One of the L.R's of the original tenant not impleaded in the eviction petition - Suit filed by that L.R. for a declaration that the order of eviction is not binding on her and also seeking injunction restraining the enforcement of the order of eviction - It is sufficient to impleaded the legal heir who was paying the rent..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction in a suit challenging ejectment orders for non - payment of rent passed by Revenue Authorities upheld upto Financial Commissioner - Appeal pending against dismissal of suit - During pendency of proceedings plaintiff purchased suit land by order of Tehsildar (Sales) but approval not yet granted by ASO..........
Civil Procedure Code, 1908, Section 10, Transfer of Property Act, 1882, Section 108(e) -- Injunction suit against landlord as harassment caused with intention to compel to vacate leased premises - Improvement Trust initiated acquisition proceedings of one out of three rooms from leased premises for widening of road - Landlord informed Corporation for demolition of entire..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Tenant - Petitioner shown as tenant in cultivating possession of the land since long - Mere fact that land was shown vacant for three crops in between does not mean that tenant is no more in possession - Petitioner in continuous cultivating possession from 1992 to 1996 subsequent to the period land..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Revenue record, evaluation of entries-Temporary injunction in a suit for permanent injunction restraining defendants from interfering with actual physical possession of plaintiff-Defendants in reply claimed to be in actual physical possession as tenants, earlier their father was tenant of plaintiff and after his death,..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Notice by Municipality for demolition of unauthorised building - Injunction suit by tenant - Held, landlord is a necessary or proper party to the suit for perpetual injunction - Order of trial Court impleading applicant as a party - Upheld...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Electricity supply to tenant - On an application by plaintiff the electricity Board disconnected power line to the house of tenant - Plaintiff seeking injunction restraining Electricity Board from reconnecting power line to the house of tenant - Held, injunction will cause serious inconvenience to tenant - Finding of trial..........
Civil procedure Code, 1908, Section 144, Order 39, Rule 1, 2, Transfer of Property Act, 1882, Section 52 -- Exparte eviction order - Tenant evicted - Exparte decree set aside and court ordering restitution of possession - In the meantime landlord transferred property who inducted tenant - Tenant filing suit and sought temporary injunction restraining execution of order of..........
Civil Procedure Code, 1908, Order 39, Rule 1 -- Tenant residing in upper floor flats - Stoppage of water supply - Ground of failure of pump set - Ulterior motive alleged by tenant - Alternative arrangement of water supply by landlord at ground floor - Not sufficient - Temporary injunction directing restoration of water supply either by repairing or replacing pumpset can be..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Rent & eviction - Eviction proceedings - Estoppel between landlord and tenant - Plaintiff in possession of industrial sheds in pursuance of lease agreement - Default in payment of rent - Uncertain policy put forth by Govt. for transferring sheds in question hire purchase - Plaintiff never acted upon..........
