Civil Procedure Code, 1908, Order 21, Rule 40 -- Execution - Arrest and detention - Decree for permanent injunction - Report of Tehsildar shows that there is no obstruction caused by JD on suit land - Construction on suit land was laid down by Electricity Board - JD has no objection in case said construction is removed - Since suit land is lying vacant on the spot, as..........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Suit for permanent injunction can be filed on basis of records of right but a suit can also be maintained on basis of possessory title atleast against a third person...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Second application - Maintainable when new cause of action is pleaded...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Plea by defendant that construction is raised by his brother who is not a party to the litigation - Contention of defendant now that if construction is not completed he will suffer hardship not tenable and cannot be taken into consideration...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Co-owners - No pleading with regard to any construction activity initiated by defendants in suit land - Only repair work undertaken by defendant - Does not amount to destruction or damage to joint property - Status quo order rightly set aside - Plaintiff can seek amendment of plaint and to add a..........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 2, Rule 2 -- Amendment of plaint - Agreement to sell - Suit for injunction filed before the target date - After the target date amendment of plaint sought claiming relief of specific performance - Suit for specific performance cannot be said to be barred by the principle of O.2.R.2 CPC - Suit..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Nature of dispute pertains to tenancy dispute, permanent injunction and suit for eviction - Property in question is under dispute between plaintiff and respondent no.2 - Any order in respect of such property will definitely affect respondent no.2 - Respondent no.2 rightly impleaded...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - It is settled position of law that injunction cannot be granted against true owner of property - However, it is equally well settled in jurisprudence governed by rule of law that even an unauthorized occupant can be ejected from a property only in the manner provided by law...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Tenant seeking injunction from forcible dispossession by landlord - Trial Court rejected application - Appellate Court granted injunction - Order calls for no interference...........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration and permanent injunction - Surrender of share, of a consideration of Rs.1.50 lakhs, in immovable property by one of the joint owners by unregistered deed - Any interest in immovable property, upwards of the value of Rs.100/- including surrender of a share can only be effected through a registered instrument..........
