Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for permanent injunction - Concurrent findings of fact that plaintiff had raised construction over vacant land in front of ancestral house which earlier served as a passage to his house and on such account he was disentitled from claiming right of passage from veranda which has fallen to share of defendant -..........
Specific Relief Act, 1963, Section 38, 34 -- Suit for permanent injunction simpliciter without seeking relief of declaration - When in a suit for perpetual injunction based on title, defendant pleads perfection of his title by adverse possession against plaintiff or his predecessor, plaintiff need not claim a declaration of title, as there was no cloud on title of..........
Specific Relief Act, 1963, Section 38 -- Suit for permanent injunction - Plea of adverse possession and title - Defendant admitted the ownership of father of plaintiff - Plaintiff became one of co-owners along with his brothers after demise of his father - Deed of partition pleaded by defendant not proved - Two alternative pleas of adverse possession and title was sought..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for permanent injunction - Suit of plaintiff based on settlement deed executed in his favour and two sale deeds - Settlement deed executed only a few days prior to institution of suit - Sale deeds which plaintiff put forward as documents of title are unregistered documents - Courts below rightly held that..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit for Specific performance - Objections raised by defendant are mixed question of facts and law and it could have been heard and decided after framing of issues and leading evidence by respective parties - If third party rights are created, it would result in multiplicity and complicity of..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Restraining defendants from plying thrashing machine in front of their house along with diesel engine - Thrashing machine causing huge noise and air pollution and on account of emission of chaff from thrashing machine, house of plaintiff filled with dust particles, as a result family members of..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for permanent injunction - Suit property is owned by son of defendant and not defendant - Plaintiff came to know said fact only on filing of written statement - Son of defendant is thus, proper and necessary party to suit - Delay is not a ground that son of defendant cannot be impleaded in the..........
Specific Relief Act, 1963, Section 37, 38 -- Injunction - Plaintiffs specifically asserted in plaint that a notice was served upon them to vacate the possession - It shows that plaintiffs were not being dispossessed forcibly - Therefore injunction could not have been granted to the plaintiffs on the plea that a trespasser cannot be ejected from the land in his/her..........
Specific Relief Act, 1963, Section 37, 38 -- Injunction - Relief of injunction cannot be granted in favour of plaintiff based on mere long possession...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Defendant can seek temporary injunction against plaintiff particularly when he preferred a counter claim...........
