Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration and permanent injunction - Plaintiffs claimed their ownership over suit property on the basis of sale deed - They have established the boundaries of disputed property given in their sale deed as disclosed in Commission report and Survey Commissioner Report - Plaintiffs have proved that they are owners of..........
Civil Procedure Code, 1908, Section 144 -- Restitution - Third party auction purchaser or the assignee from the decree holder is not entitled to object restitution on the ground that he is a bona fide purchaser...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Partition suit - Amendment sought to incorporate properties mentioned in written statement - Since suit is for partition and permanent injunction, all the disputed properties should have been included in the suit - Same would not change the nature of suit - Application allowed for including additional..........
Specific Relief Act, 1963, Section 38, 39 -- Permanent prohibitory and mandatory injunction - Land in question is joint - Since, defendants are trying to occupy the portion of joint land and exclude plaintiffs from its use, they are entitled to seek relief of prohibitory injunction and mandatory injunction - They need not seek relief of partition or declaration of title...........
Co-sharers -- Injunction - One co-owner cannot take exclusive possession of property nor commit an act of waste, ouster or illegitimate use and if he does so he may be restrained by an injunction...........
Civil Procedure Code, 1908, Order 39, Rule 3A -- Ex parte interim injunction - Where an ex parte injunction is granted, injunction application has to be decided within a period of 30 days as per provision of O.39.R.3-A CPC...........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay in filing application for restoration of suit - Entertaining an application for condonation of delay at the behest of a stranger who is not a party to proceedings is totally illegal and unsustainable in law...........
Hindu Marriage Act, 1955, Section 11, Civil Procedure Code, 1908, Order 22, Rule 3 -- Annulment of marriage - Death of husband - Substitution of LRs/parents - Parents of husband have a right to get a declaration that marriage between their son and appellant was in violation of provisions of S.5 of Hindu Marriage Act, as their property rights are directly affected and they..........
Hindu Marriage Act, 1955, Section 11, Civil Procedure Code, 1908, Order 22, Rule 3 -- Annulment of marriage - Death of husband - Substitution of LRs/parents - Parents of husband have a right to get a declaration that marriage between their son and appellant was in violation of provisions of S.5 of Hindu Marriage Act, as their property rights are directly affected and they..........
Limitation Act, 1963, Article 59 -- Limitation - Suit for declaration and permanent injunction - Plaintiff deliberately did not pray for cancellation of sale deed since the limitation for filing a suit for cancellation of sale deed is 3 years, whereas, suit has been instituted after about 9 years from the date of execution of sale deed - Suit filed by plaintiff is nothing..........
