Specific Relief Act, 1963, Section 37, 38 -- Injunction - Long and settled possession of plaintiff - Plaintiff not to be dispossessed except in due course of law...........
Specific Relief Act, 1963, Section 37 -- Injunction - Co-sharer in exclusive possession - Defendant rightly injunction from interfering and forcibly dispossessing - However, plaintiff restrained from changing nature of land or alienation of land - Defendant has right to seek partition of property...........
Specific Relief Act, 1963, Section 37, 38 -- Permanent prohibitory injunction - Locus standi to file - Plaintiff filed suit in her capacity as wife of her husband, who is co-sharer of suit property along with defendants and other co-sharers - Suit is not filed by plaintiff on behalf of her husband - Moreover, exercise of a right of passage is not dependent on ownership -..........
Specific Relief Act, 1963, Section 37, 38 -- Injunction - Co-sharers - Undivided property - Without partition no party can claim exclusive right on any particular portion of it - Since plaintiff and defendant have been held in joint possession of disputed undivided property, therefore without partition no party can claim exclusive right on any particular portion of it -..........
Specific Relief Act, 1963, Section 37 -- Suit for injunction - Restraining defendant from illegally, unlawfully, unauthorisedly and forcibly dispossessing him from the suit premises - Plaintiff has pleaded that he was inducted as tenant by defendant No.1 in year 1986 - No documentary evidence has been adduced to show that any rent was deposited in accounts of defendant or..........
Specific Relief Act, 1963, Section 37, 38 -- Perpetual injunction - Plaintiff owned the suit property as disciple of deceased/mahant by way of Will - Defendant himself admitted that whole property was under ownership/mahantship of deceased, thus there remains no room for any doubt that deceased had authority to execute Will in favour of plaintiff - Even execution of Will..........
Specific Relief Act, 1963, Section 34, 37, 38 -- Common passage - Suit for declaration - Local Commissioner in his report proved the existence of common passage and also that there is no other passage than the said common passage which is available to plaintiff to approach public road - Said report is corroborated by defendant Nos.3 to 6 as they admitted in their written..........
Specific Relief Act, 1963, Section 37, 38 -- Injunction - Co-sharer - No injunction can be granted against co-sharer - Only efficacious remedy available to co-sharer is to seek partition of joint land...........
Specific Relief Act, 1963, Section 37, 38 -- Injunction - Trespasser - Person in possession not owner or tenant or licensee - Status of such a person is that of a trespasser - Trespasser is not entitled to injunction against true owner...........
Specific Relief Act, 1963, Section 37, 38, Civil Procedure Code, 1908, Section 100 -- Injunction - Concurrent finding whereby defendants restrained from dispossessing plaintiff except in accordance with law - However, finding that plaintiff can be evicted only under the provisions of H.P. Urban Rent Control Act, 1987, set aside - It is for the defendants to initiate..........
