Civil Procedure Code, 1908, Order 43, Rule 1(r), Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Appeal - Order granting or refusing a temporary injunction U.O.39.Rr.1, 2 CPC is an appealable order U.O.43.R.1(r) CPC...........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Suit for injunction, when plaintiff was entitled to sue for specific performance, withdrawn without seeking any liberty to pursue subsequent suit for specific performance - Subsequent suit for specific performance is not maintainable being barred U.O.2.R.2 CPC...........
Specific Relief Act, 1963, Section 37, 38 -- Injunction - Once plaintiff failed to establish precise identity of property, no decree of injunction could be granted in his favour...........
Specific Relief Act, 1963, Section 37, 38 -- Injunction - Cannot be granted to protect possession of a person who is unable to prove a lawful or identifiable right in property, particularly when true owners stand established on record...........
Specific Relief Act, 1963, Section 39 -- Mandatory injunction directing appellant to deliver vacant possession - Suit for mandatory injunction arising from landlord tenant relationship between parties - Relationship was lawfully terminated by service of notice u/s 106 of T.P. Act - Tenant is obligated to deliver possession to lessor upon termination of tenancy in terms of..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Co-sharers - While granting interim injunction U.O.39.Rr.1, 2 CPC, disputed issues such as alleged oral partition or affidavits regarding prior sales, cannot be conclusively determined at this stage...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendant from interfering with peaceful use of electric motor - Sanad Taksim along with site plan, demonstrates that sufficient portions of land, motor room and approach paths have been allocated to both brothers - This ensures that plaintiff can freely access and use electric..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Interim relief can always be granted in the aid of and as ancillary to main relief available to party on final determination of his rights in a suit or any other proceeding...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining wife from solemnizing second marriage - Order granting injunction, upheld...........
Evidence Act, 1872, Section 102 -- Burden of proof - In a suit for declaration of title, recovery of possession and mandatory injunction, entire burden lies on plaintiff to prove his valid right and title and also title of his vendor...........
