Specific Relief Act, 1963, Section 38, 39, Civil Procedure Code, 1908, Section 100 -- Suit for mandatory and permanent injunction - Concurrent findings of facts with regard to existence of subject public way and obstruction of right of way by defendants - No illegality, infirmity or perversity in said concurrent findings - Suit rightly decreed in favour of plaintiffs -..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Ad interim injunction - Release of electricity connection - Sought in a suit for mandatory injunction - Theft of electricity - Mere registration of FIR does not amount to any conclusive proof of theft - Electricity being a basic requirement, cannot be deprived to a consumer when allegations qua his being an..........
Specific Relief Act, 1963, Section 39 -- Mandatory injunction - Decree of possession can be passed in a suit for mandatory injunction and even otherwise also, Court is empowered to mould relief in the facts and circumstances of the case...........
Specific Relief Act, 1963, Section 37, 38, 39 -- Suit for permanent and mandatory injunction - Plea of limitation - Neither any issue was framed regarding limitation nor from testimony of defendants it is revealed that any such statement was made therein - No such contention was raised before first appellate Court - Contention taken by defendant qua suit being barred by..........
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, Section 100 -- Second appeal - Suit for mandatory injunction - Encroachment - Plaintiff never applied for demarcation or got her land demarcated - Defendant got the land demarcated and husband of plaintiff had admitted such demarcation to be correct - Courts below rightly concluded that since plaintiff never applied for demarcation of land and..........
Specific Relief Act, 1963, Section 39 -- Mandatory injunction - Termination of licence - Suit for mandatory injunction lies with the only rider that suit is filed without any delay - If after termination of licence suit is not filed within three years then plaintiff has to file suit for recovery of possession...........
Court Fees Act, 1870, Section 7(v)(II), 7(iv)(B) -- Termination of licence - Suit for mandatory injunction - Plaintiff acted promptly in instituting the suit - Suit for mandatory injunction would be maintainable - Fixed Court fee paid by plaintiff is correct and proper...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for mandatory injunction - Right, title and interest of plaintiff on suit property on basis of registered sale deed has been concurrently held by Courts below - No unimpeachable and credible evidence on record to deny such right, title and interest of plaintiff over suit property - Findings of fact concluded..........
Limitation Act, 1963, Article 136 -- Limitation - Article 136 Limitation Act does not apply when question involved is initiating legal proceedings to seek alleged legal right as Article 136 Limitation Act applies only when an application for execution of any decree (other than decree granting a mandatory injunction) or order of any Civil Court is to be filed...........
