Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement to seek alternative plea of adverse possession - Suit for possession and permanent injunction - Destructive plea of adverse possession by way of amendment can be taken - No doubt, objection can be taken by plaintiff at first instance, but still cannot be said to be too late in a day when..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Temporary injunction - Vacant property - In case of vacant property, which is incapable of being physically possessed all the time, principle of possession follows title is applied...........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Temporary injunction - Prima facie plaintiff established his title over suit property - Incidentally, plaintiff also proved to be in lawful possession of property as against defendant no.1, who failed to establish prima facie title at interlocutory stage - Balance of convenience in favour of plaintiff -..........
Specific Relief Act, 1963, Section 37, 38, 34 -- Suit for declaration, mandatory and permanent injunction - Self acquired property of plaintiff - Daughter-i, law and grandson have no right to reside in self acquired property of plaintiff - Decretal of suit directing defendant to deliver peaceful vacant possession of suit property calls for no interference...........
Specific Relief Act, 1963, Section 38 -- Permanent prohibitory injunction - Where plaintiff's claim of title, his possession and enjoyment of suit property is not disputed and defendants are making claim in respect of some other property not having nexus with suit property, plaintiff's suit simplictor for prohibitory injunction is maintainable...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Typographical error - Suit for permanent injunction - Restraining defendant from dispossessing plaintiff from suit premises - Amendment sought that rate of rent of room was agreed between defendant and plaintiff - Trial Court is only to determine on appreciation of evidence as to in which capacity..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for declaration of title and permanent injunction - Plaintiff dispossessed during pendency of suit and after dismissal of his application for interim injunction - Amendment sought to i, corporate relief of possession, as mere suit for declaration not maintainable and hit by S.34 of Specific Relief..........
Specific Relief Act, 1963, Section 38 -- Suit for injunction from interfering in possession of plaintiff over suit property - Subject matter of suit is only possession of plaintiff over suit property, which is duly proved and rather admitted - Plaintiff is not required to prove that suit property fell to his share in family partition - Decretal of suit calls for no..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Appointment - Suit for perpetual injunction - There is no thumb rule that in a suit for perpetual injunction, an advocate Commissioner cannot be appointed - However, the law is well settled that a Commissioner cannot be appointed to find out as to who amongst the parties is in possession of suit property..........
Specific Relief Act, 1963, Section 41(b) -- Injunction - Cannot be issued in favour of plaintiff to obstruct execution of decree, particularly, when he failed to prima facie establish his ownership and possession over house in dispute...........
