Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for possession and permanent injunction - Courts below after proper appreciation of oral and documentary evidence have concurrently held that plaintiffs have failed to establish location and encroachment over their land - Demarcation reports relied upon by plaintiffs merely refers to certain parts of Survey..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for declaration, recovery of possession, mesne profits and permanent injunction - Defendants had duly admitted title of plaintiff over suit land - Though defendant claimed that there was a gratification of land in his favour, but there is no evidence adduced in support thereof - Documents of title of plaintiff..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for permanent injunction - No right to relief sought against petitioner in the suit - Even, petitioner has failed to show that effective decree cannot be passed in her absence - If the petitioner is impleaded in the suit, scope of suit for permanent injunction will be enlarged to a suit for title..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Plaintiff claimed that suit property was orally gifted to him by owner and again claimed the same through adverse possession - Plaint case ex facie is mutually contradictory - Plaintiff admits that one `O' to be true owner of title holder of suit property, as suit property gifted to plaintiff by him..........
Civil Procedure Code, 1908, Order 41, Rule 31 -- Judgment of first appellate Court - Suit for permanent injunction - First Appellate Court thoroughly examined all aspects and decreed the suit by reversing the finding of trial Court simply because point for consideration is not properly framed, it cannot be said that total judgment of First Appellate Court is perverse -..........
Specific Relief Act, 1963, Section 38, 34 -- Proviso - Suit for injunction simplicter - Not maintainable where complicated disputed questions of fact and law relating to title and possession of parties over suit property involves, as same can only be decided in a comprehensive suit for declaration of title and injunction...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Title and interests in the suit property of predecessors of plaintiff have been invalidated by Court's order - There is thus, no prima facie case in favour of plaintiff at the interim stage of suit - Application rightly dismissed...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for permanent injunction - Plaintiffs are title holder of suit land - Vendors of defendant admitted possession of vendor of plaintiffs over suit land in complaint case - Defendants thus, cannot claimed that they are in possession of suit land - Concurrent findings of Courts below that plaintiffs being title..........
Specific Relief Act, 1963, Section 38 -- Suit for permanent injunction simplicitor - Suit is maintainable, as plaintiffs are title holders of suit property...........
Agreement to sell -- Suit for specific performance on basis of unregistered agreement to sell - Order passed as to status quo in respect of title and possession till disposal of suit - Suit for specific performance of an unregistered agreement of sale is maintainable - No error committed by trial Court while granting injunction in favour of plaintiff...........
