Easements Act, 1882, Section 15, Specific Relief Act, 1963, Section 38 -- Right to pathway - Injunction suit - Right of way given to all parties under partition deed - There was thus, no necessity for an additional pathway running through entire extent of 69 cents - Contention of defendants that they do not have an alternative pathway is absolutely false statement -..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Partition suit - Plaintiff in occupation and possession of ground floor - Restraining co-sharers from dispossessing plaintiff from ground floor - In a suit for partition, right and status of a co-sharer should be maintained - Parties to maintain status quo with regard to possession of plaintiff in..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Co-sharers - Restraining co-sharer from raising any construction on the valuable and specific portion of suit land - Suit for partition pending in between parties - A co-sharer has no right to change nature of property till its partition takes place - However, there cannot be any bar either in law or..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendant from raising any construction or changing nature of suit land till same is partitioned in accordance with law - Defendant after having purchased portion of suit land from his father, raised construction during his life time - No specific denial to said fact by plaintiff -..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Temporary injunction - Joint property - Restraining defendant from raising construction - Parties in possession of their respective shares - However, property not partitioned by metes and bounds - Suit for partition filed by plaintiff after renovation started by defendant - Defendant gave an undertaking that..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Co-owners - When constructions have been raised by various co-sharers/plot holders upon suit property, status of land cannot be said to be joint in nature, though it may be subsequently got partition in accordance with law - Temporary injunction rightly declined...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Substantial question of law - Suit for declaration of title and permanent injunction - Concurrent findings recorded by both the Courts below that plaintiffs failed to prove partition and possession over suit property, which is a finding of fact based on evidence available on record - Said findings neither perverse..........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Restraining defendants from trespassing into suit property and also from creating any new pathway across land - Partition took place between parties and both are in enjoyment and possession of their respective shares - As per partition deed both the parties can use the ridges situated in another sharer to..........
Agreement to sell -- Validity of agreement - Description of land qua each survey number, its location, dimensions and area is not mentioned in agreement - Agreement is not signed by Co-sharers (defendant nos. 4 & 5) of defendant Nos.1 & 2- Nothing on record to suggest that agreement was with consent and knowledge of defendant Nos.4 & 5 - It is not mentioned whether..........
Specific Relief Act, 1963, Section 38 -- Permanent Injunction - Restraining defendant from encroaching passage - Joint land - Partition - Existence of any passage before partition proceedings looses any significance as such - In the partition proceedings, plaintiff and defendant given separate passages and specific areas mentioned in khasra numbers allotted to them -..........
