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..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining co-sharer from raising construction - Co-sharer, who is in exclusive possession of a joint holding, cannot be restrained from raising construction on that portion of the joint holding of which he is in exclusive possession - Order allowing defendant to raise construction subject to..........
Specific Relief Act, 1963, Section 38, 39 -- Permanent and mandatory injunction - Restraining defendant from raising any construction on the house of plaintiff - Plaintiff himself had raised construction on area exceeding the land owned by him - It was for plaintiff to prove the extent and boundaries of his land and that he had confined his construction within such..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by limitation - Suit for cancellation of sale deed and permanent injunction - Nothing in plaint to draw an inference that prior to 20.2.2022, plaintiff was aware of execution of sale deed by his father in favour of defendant - Suit filed in the year 2022 not barred by limitation...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendant from raising construction on entire suit land - Plaintiff has no claim on entire suit land - By way of resumption proceedings, plaintiff is claiming only a share therein - Plaintiff thus, can resume part of suit land - He cannot be said to have a prima facie case for injuncting..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Ad interim injunction - Restraining defendant from transferring the suit property in a suit for specific performance - Plaintiff always ready to perform his part of the contract and such pleadings has to be proved at the appropriate stage of trial - Balance of convenience is in favour of plaintiff - Defendant..........
