Specific Relief Act, 1963, Section 37, 38 -- Permanent injunction - A trespasser is not entitled to injunction against the true owner...........
Specific Relief Act, 1963, Section 38, 39 -- Injunction - Ordinarily if the suit property is in possession with a person for a sufficiently long time then injunction should not disturb that possession - However, a person in possession can resist the entire world but not the true owner, even if the true owner is not in actual possession of the property...........
Specific Relief Act, 1963, Section 38, 39 -- Injunction - Rights of parties to perform `Puja' in a temple - In case plaintiff is the true owner of the property then he can claim permanent injunction even against the defendants, even if he was not performing the `Puja' at the relevant time...........
Specific Relief Act, 1963, Section 36, 37 -- Injunction - Trespasser - No injunction can be granted in favour of a trespasser against a true owner...........
Adverse Possession -- Suit for permanent injunction - Plaintiff claimed adverse possession - Neither admitting ownership of defendant - Nor asserting open, continuous and hostile possession to the knowledge of the defendant/true owner - Plea of adverse possession cannot succeed...........
Specific Relief Act, 1963, Section 15, 37, 38 -- Illegal Possession - Injunction against true owner - A person in established possession, even if unauthorised - Entitled to injunction against a true owner from forcible dispossession - Can be dispossessed only in accordance with law. Rama Gowda's case 2004(1) SCC 769 relied...........
Specific Relief Act, 1963, Section 37 -- Trespasser - Injunction against true owner - Plaintiff shown to be in possession in Khasra Girdawari - Owner recorded to be in possession in Jamabandi -Presumption of truth attached to Jamabandi - Plantiff in unauthorized possession - Non in settled possession - Trespasser in absence of owner - Injunction declined - Punjab Land..........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Injunction against true owner - Evidence on record that plaintiff was only the tenant of ground floor and not of first floor - Held, that no injunction can be granted against the true owner at the instance of a person in unlawful possession - Order of Courts below refusing grant of injunction confirmed...........
Specific Relief Act, 1963, Section 38 -- Injunction against true owner or co-owner - Cannot be granted even if plaintiff is proved to be in possession on date of filing of suit...........
Specific Relief Act, 1963, Section 36, 37 -- Permanent injunction - Cannot be granted against true owner merely on the ground of long possession of plaintiff...........
