Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration of title and injunction - Plaintiffs vaguely averred that their father was owner and after his demise they inherited property - Original documents under which they are claiming title were never produced on record and only photocopies were produced - Even said photocopies of documents are not duly proved to..........
Evidence Act, 1872, Section 65 -- Secondary evidence - Photocopies of grant and sale deed - Suit for declaration of title and injunction - Plaintiff produced on record photocopies of grant and sale deed - Though no permission to lead secondary evidence may be required and a party is entitled to make out grounds u/s 65 of Evidence Act to lead secondary evidence - No ground..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary mandatory injunction - Interim relief should not be granted in mandatory form, but if exigency so warrants, Court is not incompetent to grant such relief in mandatory form...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary mandatory injunction - Plaintiffs have been deprived by defendant of only way available to them to approach their residential accommodation - Court below thus, rightly directed defendant to remove obstacle in only approach way available to plaintiffs - Application rightly allowed...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for declaration, specific performance, possession and for permanent injunction - Suit property in respect of which plaintiff and defendant no.1 had made agreement is different property and not property as claimed by defendant Nos.12 & 13 - There is no necessity of giving any further explanation as..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Co-sharer - Plaintiffs able to demonstrate their possession - Defendants cannot be permitted to claim denial of right to the co-sharer to enter into land especially when such co-sharer is already in possession of land to the extent of his share - Order of Appellate Court granting ad interim..........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Co-sharers - Simpliciter suit for permanent injunction is not maintainable without bringing any suit for declaration or partition, where parties are co-sharers and plaintiff is not having absolute ownership over suit land...........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration and injunction - Suit property could not be identified by Commissioner or surveyor - In absence of a clear identification of suit property, suit for declaration and injunction rightly dismissed...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for possession and permanent injunction - Concurrent findings of two Courts below that suit property is in possession of defendant since 1983 whereas suit was led on 2010 - Said findings cannot be said to be perverse - Suit rightly dismissed...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Order to issue notice to the other side - Writ petition against such an order which issues notice to the other side without taking a decision either to grant or refuse the prayer contained in the application - Such order not amenable to writ jurisdiction of High Court...........
