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Code, 1908, Order 2, Rule 2 -- Suit for injunction, when plaintiff was entitled to sue for specific performance, withdrawn without seeking any liberty to pursue subsequent suit for specific performance - Subsequent suit for specific performance is not maintainable being barred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...........
Specific Relief Act, 1963, Section 34, 39 -- Suit for declaration of title, recovery of possession and mandatory injunction - Advocate Commissioner visited the suit schedule property with Mandal Surveyor in the presence of both the parties and their counsels and Advocate Commissioner executed the warrant - Plaintiff not even identified his property in the presence of..........
