Court Fees Act, 1870, Section 7 -- Court fee - Suit for declaration and permanent injunction challenging two sale deeds - Plaintiffs are executants of sale deeds which they seek to set aside - Plea that sale deeds were obtained by fraud or that full consideration was not paid does not alter their status as executants - Even if such allegations are assumed to be true,..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - When there is no contra evidence to rebut claim made by plaintiff seeking temporary injunction, no interference warranted in impugned order of granting temporary injunction...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - No evidence on the part of defendant to show possession or construction or even `further possession' - Even, defendant failed to mark exhibits on his behalf in proof of title and possession - There is no contra evidence to rebut the claim made by plaintiff seeking temporary application - Temporary..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for permanent injunction - Plaintiff had themselves raised construction over part of suit property and were also cultivating portions of suit property - Therefore, they could not restrain defendant from raising construction or putting a wire around the suit property in her possession - Suit property has been..........
Civil Procedure Code, 1908, Section 151, Order 21, Rule 97, 98, 99, 100, 101 -- Execution - Third party objections - Decree for specific performance - Relief sought for by petitioner is the same relief which was earlier sought by him in suit for declaration and in application for temporary injunction which already stood rejected on merits - Even, other siblings of..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Disputed agricultural land has already been sold out by respondent Nos.4 and 5 to respondent No.8 - Plaintiffs have not shown that they are entitled to any protection u/s 53-A of Transfer of Property Act, as they have not taken possession or performed their part of contract - Plaintiffs have not..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Can be granted in favour of plaintiffs against defendant for preventing defendant from alienating or transferring disputed property, even if principle of lis pendens enumerated in S.52 of Transfer of Property Act is applicable...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Suit for specific performance - Plaintiffs only claiming interim relief that defendant be restrained from alienating or transferring disputed land in favour of third party - They are not protecting their possession of disputed land - Relief of interim injunction can be granted in favour of plaintiffs..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Prior to commencement of trial - Suit for recovery of possession, damages and perpetual injunction - Objection raised by defendant that suit is not maintainable without seeking declaratory relief - Amendment to plaint to include prayer for declaration of title becomes necessary for proper adjudication of..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Advocate Commissioner - When plaintiff is in possession of suit property and no encroachment is made by defendants, he cannot seek for appointment of Advocate Commissioner in order to collect evidence in a suit for permanent injunction...........
