Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit on basis of oral family settlement - No writing ever came into existence - Not incorporated in any record - Injunction restraining defendant from alienating or creating any encumbrance over the suit property declined-Order upheld...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary Injunction - Con-duct of plaintiff - Plaintiff never objected to works going on for eight/nine months and has acquiesced - Conduct of plaintiff is covered by S.41(g) of Specific Relief Act - An injunction cannot be granted to prevent a continuing breach in which plaintiff has acquiesced. (Specific Relief Act,..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Exparte eviction order - Injunction sought from dispossession - Plea that tenant was not party to suit - Held, not tenable in view of fact that she was joint tenant and decree is binding on her - Service of summons on her also, upheld - Tenant giving undertaking before lower Court for vacating house..........
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..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Trespasser - Two types (1) One whose origin is legal but with efflux of stipulated period becomes trespasser (2) Second the origin of which is not legal and is known as criminal trespass-Law does not protect the possession of a trespasser of the second category...........
Civil Procedure Code, 1908, Order 39, Rule 1,2 -- Temporary injunction-Respondents when not entitled to permanent injunction in view of Ss.14 & 41 of Specific Relief Act are not entitled to temporary injunction. (Specific Relief Act, 1963, Ss.14, 41)..........
Civil Procedure Code, 1908, Order 39, Rule 3 A -- Exparte temporary injunction - order of temporary injunction extended in disregard to rule 3 - A - Held, it indicates that Court below acted in mechanical manner without applying its mind-order of lower Court set aside...........
Specific Relief Act, 1963, Section 36, 37 -- Fields of parties adjacent to each other - Restraining defendants from digging his land upto four five feet of depth so as it may not cause damage to the property of the plaintiff - No imminent danger to the land of the plaintiff - Finding given on the basis of nature of the soil - Plaintiff can protect his land by raising a..........
Civil Procedure Code, 1908, Order 21, Rule 32 -- Decree for injunction - It is inexecutable but measures can be taken to enforce it - A decree of injunction is inexecutable but measures can be taken to make it effective. For implementation of the injunction order, it is always open to the decree holder to seek police aid and for that purpose seek necessary directions from..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - suit for injunction sought to be converted into suit for specific performance and possession - Plaintiff gaining relief lost by efflux of time - Gain of defendant by such efflux would be jeopardised -Amendment cannot be allowed...........
