Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Temporary injunction - Defendants by playing fraud on basis of registered power of attorney executed sale deed in their own name - Suit land is ancestral property of plaintiffs - Prima facie case is in favour of plaintiffs - Trial Court after considering all aspects, balance of convenience and irreparable..........
Civil Procedure Code, 1908, Section 9, Wakf Act, 1995, Section 83, 85 -- Jurisdiction of Civil Court - Waqf property - Civil suit for permanent and mandatory injunction - Property admitted to be Waqf property - Question as to the nature of Waqf and whether plaintiff is a beneficiary of Waqf also arising in the suit - Held, it is Waqf Tribunal which has jurisdiction to..........
Civil Procedure Code, 1908, Section 41 -- Remand - Suit for permanent injunction - Appellate Court remanded the matter back to trial Court on the ground that trial Court had not recorded specific conclusion with regard to plot in question - However, judgment of trial Court reveals that categorical finding has been recorded in it with regard to ownership and possession of..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Suit for specific performance - Prima facie plaintiff was not vigilant with regard to his right to enforce sale agreement - Plaintiff approached the trial Court after a lapse of 7 years from date of execution of registered sale deed in favour of subsequent purchaser - Plaintiff failed to make out a..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Injunction suit - Applicants have placed before trial Court enough material to show their prima facie right over subject land - Fact as to whether newly arrayed defendants are having title or any right over property is to be determined by trial Court on basis of rival pleadings and evidence to be led..........
Civil Procedure Code, 1908, Section 151 -- Additional evidence - Suit for possession by way of specific performance and permanent injunction - Documents proposed to be tendered in evidence include certified copies of jamabandies - These jamabandies can certainly be tendered being per se admissible - However, with regard to notarized photocopy of sale deed, these..........
Civil Procedure Code, 1908, Order 39, Rule 4 -- Temporary injunction - Vacation of - Injunction order passed restraining defendant from putting up construction on item Nos.1, 2 properties - Plaintiff conceded execution of release deed by sisters and sister's son in favour of defendant - Under such circumstances plaintiff getting half share is bleak - Even if plaintiff's..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Claim of plaintiff over `D' Scheduled pathway was based on the easement by grant and would be seen prima facie - In such situation refusal to grant interim injunction would cause irreparable injury to plaintiff and thus, balance of convenience is also in favour of plaintiff - Contention of defendant..........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Co-owners - Co-owners were in settled separate possession of joint property by mutual understanding - Their separate possession of joint property was with each other's consent - Plaintiff/co-sharer had already raised construction over a portion of joint land in his exclusive possession - He thus, cannot..........
Easements Act, 1882, Section 13 -- Easement of necessity - Right of pathway - Path in question not depicted in revenue record nor same find mentioned in any settlement of revenue record - Only evidence which plaintiffs are leading to the effect that this path was being made Pucca by Gram Panchayat funds - However, Secretary of Gram Panchayat cannot say about khasra number..........
