Specific Relief Act, 1963, Section 39 -- Suit for declaration and permanent injunction - Plaintiff clearly proving that his possession follows his title - Even, revenue and land records are in name of plaintiff - Revenue records of defendants based upon deed of conveyance without any title cannot stand in way of granting relief of mandatory injunction to plaintiff -..........
Contempt of Courts Act, 1971, Section 2(b) -- Contempt of Court - Review - Disobedience of order of High Court - Violation of temporary injunction order as to disposal of properties - Violation of such order - Failure of defaulter to disclose his assets and existence of concerned Bank account, despite being held guilty of contempt of Court - No error apparent on record -..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for declaration of title and permanent injunction - Concurrent findings of fact of two Courts below based on evidence available on record that title over suit property is passed in favour of plaintiffs after execution of sale deeds by father of defendant no.1 in their favour - Said findings neither perverse..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit land was purchased by mother of plaintiffs - Land also mutated in her name - Said mutation is not disputed by defendants - Possession of plaintiff of suit land is proved by them - There is prima face case in favour of plaintiffs - Plaintiffs will suffer irreparable loss and injury, if they were..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for declaration and injunction - Amendment sought to incorporate relief of possession - Suit for declaration simpliciter is not maintainable, if consequential relief of possession is not claimed in a situation where party seeking declaration is out of possession of suit property - However, this..........
Settlement -- Revocation of settlement deed - Suit for declaration of title and permanent injunction - Father executed settlement deed in favour of her daughter/plaintiff - Document under settlement deed is acted upon and property has been mortgaged, which is more than 30 years old - Presumption u/s 90 of Evidence Act should be drawn - Moreover, no suit was instituted..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Concurrent findings of two Courts - Suit for permanent injunction - Claim of plaintiffs is based on registered Will executed by `K' in their favour - However, concurrent findings of two Court below that plaintiffs failed to established that said `K' was ever owner of property and he had a right and title vested..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Plaintiff failed to establish his possession - Relief could not be granted, unless matter is further gone into merits with regard to title and possession in main suit - Temporary injunction rightly declined...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Application for temporary injunction at the instance of defendant is maintainable if exigencies as provided U.O.39.Rr.1,2 CPC exist...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Plea that trial Court should have passed an order of status quo instead of passing an order of temporary injunction - Trial Court while deciding application for temporary injunction is required to give a finding as to which party is in possession of the property in dispute - By directing parties to..........
