Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Agreement to sell - Possession delivered in part performance of agreement - Defendant threatening to dispossess - In the event of ouster plaintiff will be highly inconvenienced - Balance of convenience is in favour of plaintiff - Loss or suffering resulting from ouster cannot be compensated by..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Section 11 - - Temporary injunction - Application dismissed on ground of delay and not on merits - Does not bar subsequent application for injunction filed on account of subsequent developments - Principle of res judicata does not apply...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Not possible to decide claim of plaintiff even prima facie on basis of materials available on record unless evidence is adduced by parties - Parties to maintain status quo pending suit...........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Temporary injunction - Implementation - Police protection - Though plaintiff is entitled to initiate proceedings U.O.39.R.2-A in the event of violation of order of temporary injunction even then Court is under an obligation to accord necessary protection - By ordering police protection Court is not extending..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendant from interfering in possession on ground of purchase of land - Defendant claiming ownership over land - No material on record to show that vendor plaintiff had prima facie title over disputed land - In revenue record defendant recorded as owner - Refusal to grant injunction..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Possession - Title of property plays an important role in the matter of drawing presumption as to possession...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Possession - If from version of the parties the probability as to possession is more towards plaintiff then Court should not hesitate to grant the relief, and reject it, if it is otherwise...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Possession - If plaintiff is able to prove his possession on the basis of his title upto a particular point of time then the same state of affairs deserves to be presumed in a forward direction - Such presumption must stop, if it meets a road block, in the form of a more assertive and evident proof..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Demolition - Temporary injunction - When structure is unauthorised temporary injunction cannot be granted merely on the ground of sympathy or hardship...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Can be granted only when (i) prima facie case is made out; (ii) balance of convenience; (iii) irreparable loss and injury - Relief of temporary injunction being an equitable relief it can be granted only when plaintiff's conduct is free from blame and he approaches the court with clean hands...........
