Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Maintainability of suit - Trial Court granted injunction - Appeal thereagainst dismissed - Writ petition against said two orders - Issue as to maintainability of a suit cannot be an issue to be considered at this stage in writ petition at the time when an application U.O.39.Rr.1, 2 CPC is being..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Identification of boundaries - Not to be considered at the stage of grant of ad interim injunction - It requires factual appreciation of evidence which has to be decided by formulating an issue...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Concurrent findings of fact recorded by two Courts below that plaintiffs stand recorded as against khasra nos. mentioned in plaint, in revenue records and those entries still subsist in their favour - Since plaintiffs being record holders, prima facie case stands established and presumption of their..........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Restraining defendants from interfering in peaceful possession of suit property - Plaintiff has admitted possession of defendant - He stated that he was in possession as a lessee - However, apart from lease deed, there is no evidence to prove that plaintiff is running his factory/industry from property in..........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration and permanent injunction - Barred by limitation - Plea of adverse possession taken by defendant - However, defendant failed to prove that he perfected his title over suit property by continuous and undisturbed possession over same for more than statutory period - Suit filed by plaintiffs not barred by..........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration and permanent injunction - Order of injunction granted in favour of plaintiff in earlier suit filed by defendant in respect of 86 cents which included 14 cents of suit property also - Since defendant claimed title in respect of suit property, which was denied by Courts in said earlier suit, it would have..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for possession, permanent injunction and recovery of damages - Concurrent findings of fact that defendant was unable to prove that he was occupying suit property as a tenant - Plaintiff on the other hand was able to prove that defendant was occupying suit premises as a licensee - No interference warranted in..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for permanent injunction - Death of sole defendant - Legal representatives brought on record - There are no allegations against legal representatives and there is no prayer in the civil suit qua them - Suit cannot proceed - Plaint rejected...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Injunction from dispossession - Before plaintiff can be granted an injunction from being dispossessed he has to prima facie prove that he is in settled possession, particularly when he is seeking injunction against owners...........
Civil Procedure Code, 1908, Order 39, Rule 4 -- Temporary injunction - Vacation of order - Plaintiff claims to have perfected his title by adverse possession - However, he has not pleaded as to how he entered into possession - Plaintiff has neither produced electricity bill nor produced any other relevant material to prove his possession - There is not even a single entry..........
