Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit for specific performance - Plaintiff not in possession - No prima facie case - Plaintiff had not acquired any right to seek relief of injunction against the true owner - Injunction rightly refused...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Tress passer - Cannot get injunction against true owner...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Injunction - Trespasser - Can protect his possession against the entire world except the true owner...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Injunction - An equitable relief - Plaintiff must come to Court with clean hands - Plaintiff cannot normally be permitted to seek the aid of Court to protect his unlawful possession for seeking injunction against the true owner...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Injunction - Long possession without any right, title, grant, lease - Such possession does not give a right to the person to retain possession against true owner and not entitled to injunction - Plaintiff claiming long possession of land as Gair Marusi, but could not show under what circumstances he got possession as Gair..........
Specific Relief Act, 1963, Section 37, 38 -- Trespasser - Not entitled to injunction against the true owner...........
Specific Relief Act, 1963, Section 37, 38 -- Trespasser - Suit for injunction - If possession of plaintiff is of a trespasser, he cannot get an injunction against the true owner in order to perpetuate his own wrong...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Trespasser - Injunction against true owner - Cannot be granted...........
Specific Relief Act, Section 5, 38 -- Possessory title - A person who has been in long continuous possession - Can protect his possession by seeking injunction against any person in the world other than true owner - Even true owner of property can get back possession - Only by resorting to due process of law...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction in a suit for permanent injunction restraining defendant from interfering in peaceful possession of shop being a tenant and plot being used for running business of Kabari - Plaintiff inducted as a tenant under a written document between the parties - Does not depict that plot also under tenancy of..........
