Specific Relief Act, 1963, Section 38 -- Permanent injunction - Encroachment and construction during pendency of suit - Compensation - Once plaintiff proves his case regarding ownership and entitlement for restoration of his possession against wishes of plaintiff, it would be wholly unjust and inequitable to deny him appropriate adequate relief of restoration/of possession..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Validity - Evident from mutation record that Punjab wakf board is owner of suit property - Respondents are in peaceful possession over a property since long time - Held, Chief Executive Officer has no right to remove the encroachment from the wakf Property - Grant of temporary injunction to..........
Specific Relief Act, 1963, Section 39 -- Suit for mandatory injunction - Defendant constructed the wall by encroaching the land owned by plaintiff - Encroachment has to be removed and cannot be compensated by way of damages...........
Civil Procedure Code, 1908, Order 21, Rule 32 -- Execution - Decree of permanent injunction - Respondent still defy the decree of injunction by an express encroachment and user of petitioner's property as a pathway - Petitioner to give details of the Officers, who are responsible for the breach with the names and addresses as well as the property of the State that shall..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Suit for permanent injunction - Encroachments made during pendency of suit - Amendment sought at the stage of last opportunity for leading evidence by plaintiff - Plaintiff unable to demonstrate with reference to some prima facie material that encroachment alleged had been made by defendant during..........
Specific Relief Act, 1963, Section 38, Civil Procedure Code, 1908, Section 11, Order 2, Rule 2 -- Injunction - Earlier also a similar suit was filed - Earlier suit was dismissed as withdrawn as defendant in the written statement stated that he will not interfere and would not raise any construction over the suit land - Plea that present suit is barred U.O.2.R.2, O.23.R.1 &..........
East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948, Section 42 -- Path allotted during consolidation proceedings - Respondent having made encroachment upon path, allottees filed suit for mandatory injunction which was decreed - Decree attained finality - Respondent filed petition u/s 42 of the Act alleging that allottees had entered into a..........
Punjab Municipal Corporation Act, 1976, Section 269 -- Suit for permanent injunction to restrain Corporation from carving out street through his property - Corporation pleaded encroachment by plaintiff on street but failed to prove any encroachment on the street - Held, plaintiff is entitled to relief of permanent injunction...........
Punjab Village Common Lands (Regulation) Act, 1961, Section 13, 13(a) -- Bar of jurisdiction - Suit for mandatory and permanent injunction directing defendants to remove encroachment already made and to restrain them from further encroaching the street, in existence in front of the houses of plaintiff and defendants - No dispute with regard to question of title and that..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 13 -- Bar of jurisdiction - Suit for mandatory and permanent injunction directing defendants to remove encroachment already made and to restrain them from further encroaching the street, in existence in front of the houses of plaintiff and defendants - A.C. Ist Grade has the limited power u/s 7 of the Act to pass..........
