Specific Relief Act, 1963, Section 38 -- Permanent injunction - Defendant admitted possession of plaintiffs over suit property since 20 years prior to institution of suit - Even, as per own case of defendant that he is not claiming any title in the suit property - Therefore, defendants and their men are not entitled to interfere with the possession and enjoyment of..........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration of title and permanent injunction - Plaintiffs failed to prove that they are having right and title in the suit property - Since plaintiffs are not entitled to the main relief of declaration of title, they are not entitled to consequential relief of permanent injunction as sought in the plaint - Suit rightly..........
Specific Relief Act, 1963, Section 38, 34 -- Proviso - Suit for permanent injunction - Without seeking relief of declaration of title - When relationship between plaintiff and defendant is admitted and when plaintiff is seeking for exclusive right in respect of suit property, it would be incumbent upon plaintiff to establish his title - Courts in a suit for permanent..........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Property has been partitioned in view of subsequent development and instrument of partition has been prepared - There is severance of status between co-sharers - Co-sharers are entitled to take possession in implementation of instrument of partition - Prayer for injunction thus, become infructuous...........
Specific Relief Act, 1963, Section 38, 34 -- Proviso - Permanent injunction - Mere suit for permanent injunction without seeking relief of declaration or partition is barred by provision of S.34 of the Act...........
Specific Relief Act, 1963, Section 38, 34 -- Suit for injunction simpliciter - Maintainability - Defendants have questioned title of plaintiff in written statement - Suit for injunction simpliciter is not maintainable - Plaintiff ought to have converted the suit for injunction into suit for declaration...........
Specific Relief Act, 1963, Section 38, 0, Permanent injunction -- Dispute regarding common passage - Portion `A' was purchased by plaintiff and portion `B' in the back was purchased by defendant - Plaintiffs have agreed to leave 15 feet wide common passage in their portion `A' for common use by both defendants and plaintiffs for purposes of ingress and egress to their..........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Restraining defendant from raising any type of construction over suit property or from changing the nature of suit land and transferring the same - Defendants reflected as sahayak as per Jamabandi relied upon by plaintiff - No evidence led to contrary by defendant though they claimed themselves to be occupancy..........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Plaintiff failed to prove his possession over the suit property as tenant - He is thus, not entitled to decree of permanent injunction...........
Specific Relief Act, 1963, Section 37, 38 -- Injunction - Co-owners - One co-owner alone is not competent to transfer the entire property without getting his share determined and demarcated so as to bind the other co-owners - Defendant/Co-owner rightly restrained by decree of injunction in acting in derogation of the propriety rights of the co-owners until and unless..........
