Specific Relief Act, 1963, Section 38 -- Permanent injunction - Possession alleged to be delivered on payment of Rs.16,000/- and consequential execution of a receipt wherein it was mentioned that plaintiff can get registered sale deed executed as and when plaintiff desires - Plaintiff never sought relief of execution of sale deed pursuant to the said receipt - Held, suit..........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Possession alleged to be delivered on payment of Rs.16,000/- and consequential execution of a receipt dated 13.05.1981 - Executant of receipt died and inheritance mutation was sanctioned on 28.04.1990 - Mention of inheritance mutation sanctioned on 28.04.1990 in receipt dated 13.05.1981 - It was not explained..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of party - Suit for injunction - Applicant claiming continuing title over disputed land - He did not say that he was not in possession - Held, a person who asserts title and does not specifically say in application that he is not in possession it may be presumed that he is asserting possession - Applicant is a..........
Civil Procedure Code, 1908, Section 11 -- Res-judicata - Suit for injunction - Dismissed - No bar to file a suit for recovery of possession unless the question of title was raised for consideration and after trial a finding was arrived at by the Court in the earlier suit that plaintiff had no title to the property - If the earlier suit was dismissed on the ground of the..........
Transfer of Property Act, 1882, Section 53A -- Part performance - Party in possession of property under an agreement of sale has not only a right to defend his possession in an action brought by transferor or any person claiming under him but he can also institute a suit for injunction to protect his possession by invoking doctrine of part performance even though his..........
Specific Relief Act, 1963, Section 38, 34, Civil Procedure Code, 1908, Order 14, Rule 1 -- Suit for permanent injunction - Issue regarding title not framed - On the basis of pleadings of defendant in his written statement issue was framed that as to whether plaintiff is owner in possession of suit land - No challenge was made to the validity of sale deed in favour of..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Illegal possession - Whether an illegal possession of a person could be protected by grant of injunction under the Code? - Held, certainly not - In present case, status of respondent is not better than that of a trespasser - As such, he cannot be allowed to stay over the land in dispute -..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Police help to enforce the order - Both the parties claiming their possession - Both the parties filed suits and in both the suits ad interim injunction restraining interference in possession granted - Appeal against ad interim injunction order pending in both the suits - Factum of possession still..........
Limitation Act, 1963, Article 65 -- Suit for possession and injunction - Limitation - Plaintiff came to know about unauthorized occupation by defendant only in 1970-71 - Suit filed in 1974 - Held, suit is well within limitation...........
Civil Procedure Code, 1908, Order 21, Rule 32 -- Execution - Decree for permanent injunction - D.H. when dispossessed after passing of decree then executing Court has full power to give effective relief to the decree holder by restoring the possession...........
