Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Claim based on property alleged to be joint family property - Parties Muslims - Concept of joint family property alien to Muslim Law - Defendants admittedly in possession - No prima facie case for restraining defendants from putting up construction - Injunction declined...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Prima facie case in favour of plaintiff - But irreparable loss and balance of convenience in favour of defendant - Injunction cannot be granted...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Performance of negative covenant in agreement - Temporary injunction sought restraining defendants from conducting business activities similar to those of plaintiff as stated in agreement between parties and for recovery of amount advanced to them as loan - Relief thus sought for pertaining to performance of negative..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction claiming to have taken land on lease 13/14 years ago and thereafter in forcible possession of land and defendants recorded as owners in revenue record trying to dispossess plaintiff forcibly and illegally - Plaintiff inducted as lessee by participating in public auction - Successful bidder in public..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Defendant seeking temporary injunction - Such claim is maintainable only if cause of action for seeking such relief arises out of or incidental to suit - Where cause of action is unconnected with suit against him he can claim relief only by separate suit...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Title over property claimed by both parties on basis of Will - Courts below granting temporary injunction in favour of plaintiff - Prima facie finding of title - Tentative and based on materials - Finding not perverse - No interference is called for...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Particulars of property in respect of which temporary injunction sought not available from pleadings of plaintiff - Dispute over land raised after 30 years - Appellate Court not finding it believable that defendant not in possession of land purchased by his father 30 years ago - Plaintiff also not..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Suit for specific performance - Temporary injunction against alienation and construction claimed - Suit depending on interpretation of agreement - Injunction is issued against sale, transfer, alienation or charging of property - However, construction is permitted at own risk of defendant having no right to claim equity for..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit for prohibitory injunction restraining the defendants from realising a sum of Rs.13, 944.75 paise - No relief for declaration of damages claimed - Realisation of quantified and determined sum can be adequately compensated in terms of money - Temporary injunction not available...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction in a suit for declaration and permanent injunction restraining defendants from dispossessing plaintiff from suit land claiming to be tenant and not liable to be evicted except in due course of law - No evidence produced to show that plaintiff voluntarily surrendered possession - A tenant can only be..........
