Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Ad interim injunction - Plaintiff and defendant purchasing land comprising khasra numbers which were still joint and not yet partitioned by co-sharers - Held, even if the parties purchased the property by specific khasra numbers and boundaries, it cannot be said that they were in exclusive possession of any..........
Consumer Protection Act, 1986, Section 21(1)(g) -- Deficiency in service - Allotment of plot - Delay was on account of order passed by High Court directing parties to maintain status quo on the question of possession of plots in question - No deficiency of service - There is no liability to pay interest...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Status quo - Both the parties claiming to be in possession of the land in their respective rights - Order of status quo - Upheld...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Status quo - In absence of any finding with regard to possession, Court cannot pass an order of status quo to be maintained by the parties...........
Transfer of Property Act, 1882, Section 111(f) -- Tenancy - Implied surrender - Implied surrender of tenancy may be either - (i) By creation of a new relationship - (ii) By relinquishment of possession - Virtual taking of possession is not sine quo non for implied surrender, as the same can be created by a new relationship also - A tenant may continue to occupy the..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Availability of such a right to defendant - Initially restraint order passed from interfering in peaceful possession of plaintiff - Just after five days defendant seeking temporary injunction against plaintiff from changing nature of agricultural land and from selling of land to third parties -..........
Punjab Land Revenue Act, 1887, Section 34, 35, 36, 37, Punjab Land Record Manual -- Change of khasra girdawari - Pendency of Civil Suit - Effect - Agreement to sell - Suit for specific performance - Prayer for permanent injunction restraining defendant from interfering in peaceful possession and from alienating etc. - Status quo ordered - Application for correction of..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Suit for declaration as owner in possession - Dispute between mother and widow regarding estate left by deceased - Mother claiming Will in her favour - Will prima facie document showing ownership and entitlement to property - Wife restrained from alienating suit property - Status quo regarding possession also to be..........
Civil Procedure Code, 1908, Order 39, Rule 2A -- Temporary injunction - Disobedience - Demolition of shop inspite of order of status quo - Authorities deliberately avoiding to answer averments made by applicants - Clear case of flouting of Court's order - Trial Court was wrong in refusing restoration of possession - Relief of restoration could not be granted by writ Court..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit for specific performance and permanent injunction - Entire sale consideration amount received and possession delivered - Subsequently suit land mortgaged with Bank - Vendor not a defaulter in paying instalments to Bank - Bank not adversely affected by grant of temporary injunction - Status quo..........
