Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Temporary injunction - Joint property - Restraining defendant from raising construction - Parties in possession of their respective shares - However, property not partitioned by metes and bounds - Suit for partition filed by plaintiff after renovation started by defendant - Defendant gave an undertaking that..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Plaintiff not in possession as on date of institution of suit - Plaintiff not entitled to relief of interim injunction...........
Agreement to sell -- Specific performance - Pleadings and evidence contradictory - Nothing in respect of oral agreement as stated by plaintiff in the agreement to sell Exh.35 - As per the pleadings, possession was handed over to him on the day of Gudi Padwa of the year 2006 - But document (Exh.35) itself shows that possession would be given to the plaintiff at the time of..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendants from raising any construction or changing nature of suit land - On perusal of Jamabandi as well as copies of sale deeds placed on record, Defendant nos. 3 and 4 are in possession of suit land - Plaintiffs are not recorded as owners of suit land - They cannot be said to have any..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Restraining interference in possession - When temporary injunction is sought restraining interference in possession then Court should refrain from passing status quo order - Moreso, in the instant case Court has granted status quo order without giving any finding about possession of parties over the..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 22 -- Ex parte eviction order - Setting aside - Son and daughter-in-law proceeded ex-parte since registered notices issued to them were received back with remarks that they have left the house - Available material produced by petitioners show that they had contributed funds to suit property from which..........
Specific Relief Act, 1963, Section 37, 38 -- Permanent injunction - Plaintiff a licensee - Restraining defendant from forcibly evicting plaintiff - Notice prior to removal of possession not issued to plaintiff - No prior notice issued terminating the license - Having not done so, action of Nagar Palika is arbitrary and illegal in the eyes of law - Suit decreed - Defendant..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendant from raising construction - Co-owners - Plaintiff has not come up with specific plea that he is in possession of any portion of joint land - Even, none of parties have come with plea that they are in possession of joint land - Pleadings set up in application as well as main suit..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 22 -- Eviction order against daughter-in-law - Daughter-in-law not denied the fact that respondents are owners of demised premises - Status of daughter-in-law to occupy suit property admitted to be that of licensee, as no submission has even been raised before this Court - No evidence led by..........
Partition suit -- Plaintiff can seek partition even on basis of constructive possession - It is not necessary for plaintiff to be in actual possession to seek a partition...........
