Specific Relief Act, 1963, Section 38, 39 -- Permanent and mandatory injunction - Restraining defendants from interfering in the suit property and demolishing the illegal structure over suit property - Plaintiffs are owners of property, as they inherited the same from their father, who acquired the same as a permanent grant for construction of house - Documents regarding..........
Constitution of India, 1950, Article 142 -- Moulding of relief - Suit for Permanent and mandatory injunction - Restraining defendants from interfering in the suit property and demolishing the illegal structure over suit property - In order to balance the equities and do complete justice between both the parties, Court while exercising powers u/art 142 of Constitution,..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Temporary injunction - Prima facie plaintiff established his title over suit property - Incidentally, plaintiff also proved to be in lawful possession of property as against defendant no.1, who failed to establish prima facie title at interlocutory stage - Balance of convenience in favour of plaintiff -..........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Bar of second suit on same cause of action - Previous suit was filed by plaintiff alleging interference in peaceful possession over suit property and threat to raise further construction whereas present suit was filed by plaintiff with regard to possession on basis of title - Moreover, defendant has admitted in written..........
Specific Relief Act, 1963, Section 37, 38, 34 -- Suit for declaration, mandatory and permanent injunction - Self acquired property of plaintiff - Daughter-i, law and grandson have no right to reside in self acquired property of plaintiff - Decretal of suit directing defendant to deliver peaceful vacant possession of suit property calls for no interference...........
Specific Relief Act, 1963, Section 38 -- Permanent prohibitory injunction - Where plaintiff's claim of title, his possession and enjoyment of suit property is not disputed and defendants are making claim in respect of some other property not having nexus with suit property, plaintiff's suit simplictor for prohibitory injunction is maintainable...........
Suit for possession -- Plaintiff and defendant both claiming to be tenants and paying rent - Rent receipts show that plaintiff was allotted land in khasra No.270 whereas defendant was allotted land in khasra No.267 - Concurrent finding of courts below that defendant is in possession and allotted different land in khasra No.267 and he has no right to claim the suit property..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for recovery of possession - Courts below after considering oral and documentary evidence on record rightly rendered a finding of fact that plaintiff was in prior possession of suit property and had permitted defendants who were his son and daughter-i, law to stay in the suit premises along with him due to..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Deficiency of Court fees - Suit for declaration to challenge release deed and for joint possession - Plaintiff is herself executant of release deed - No monetary consideration has exchanged the hands for executing said release deed - There can be thus, no question to pay ad valorem Court fees on the..........
Evidence Act, 1872, Section 115 -- Estoppel - Suit for recovery of possession - Plaintiff purchased property by way of auction sale u/s 69 of T.P.Act - Defendant filed suit for declaration that auction sale is null and void - However, plaint in said suit is rejected by Court and said judgment became final in the absence of intra Court appeal or review against the same -..........
