Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Defendant seeking injunction restraining plaintiff from interfering with his possession - Appellate Court referred all the documents relied upon by plaintiffs - However, there is absolutely no reasoning as to how those documents displaced sale deed executed in favour of defendant - Appellate Court..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Injunction suit - By way of amendment of plaint relief of declaration that sale deed is null and void sought - Bar of limitation - When already a suit for injunction which involves a question of title has been filed, admittedly within time, there shall be no question of bar of limitation being attracted..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Injunction suit - By way of amendment of plaint relief of declaration that sale deed is null and void sought - There is no enlargement of scope except elucidation of issue in controversy by seeking a specific prayer for declaration of title - Nature of suit also does not get changed by introduction of..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by limitation - Suit for cancellation of sale deed and permanent injunction - Nothing in plaint to draw an inference that prior to 20.2.2022, plaintiff was aware of execution of sale deed by his father in favour of defendant - Suit filed in the year 2022 not barred by limitation...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Suit for cancellation of sale deed executed by plaintiff in favour of defendant - Sale deed in question speaks about payment of entire consideration money at the time of its execution and title and possession passed to purchaser soon on registration of sale deed - Cheques mentioned in sale deed were..........
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..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for permanent prohibitory injunction - Suit property declared as plaintiffs Courtyard by Trial Court after carefully analyzing boundaries shown in two sale deeds - Lower Appellate Court reversed the findings of trial Court and has rendered opinion bereft of reference to documentary evidence, which trial Court..........
Specific Relief Act, 1963, Section 34, 37 -- Suit for declaration on the basis of sale deed - Simultaneously plaintiff also claimed title on the basis of adverse possession - High Court held that plea of ownership based on sale deed and plea of adverse possession, both, are contrary to each other and plaintiffs cannot be permitted to take both the pleas at the same time -..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for permanent injunction - Amendment sought to add the relief of declaration that sale deed in question is not binding on rights of plaintiff - Defendants have already filed a counter claim on basis of said sale deed - Sale deed is already before Court - Amendment sought is formal in nature -..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Defendant claiming ownership on the basis of sale deed - Earlier sale deed was declared null and void - Once basic foundation of title had been declared null and void, then subsequent owners would also prima facie have no rightful title - Merely because defendant has raised construction, it cannot be..........
