Revenue Court -- Cannot decide civil rights/title of parties - In case there is a dispute or question of title arises out and civil suit is pending for declaration of title and permanent injunction, then order passed by Civil Court will be binding upon revenue authorities...........
Revenue Court -- Cannot decide civil rights/title of parties - In case there is a dispute or question of title arises out and civil suit is pending for declaration of title and permanent injunction, then order passed by Civil Court will be binding upon revenue authorities...........
Mutation -- Granted during pendency of civil suit and existence of stay order - If civil suit for declaration of title and permanent injunction is pending then order passed by Civil Court will be binding upon Revenue Authorities - Impugned order set aside...........
Mutation -- Granted during pendency of civil suit and existence of stay order - If civil suit for declaration of title and permanent injunction is pending then order passed by Civil Court will be binding upon Revenue Authorities - Impugned order set aside...........
Specific Relief Act, 1963, Section 38 -- Suit for permanent injunction - Without seeking relief of declaration - Maintainability - When there was no real cloud to title of plaintiff, suit for bare injunction is maintainable...........
Specific Relief Act, 1963, Section 38 -- Suit for permanent injunction - Plaintiff successfully established his possession and enjoyment of suit property - However, not even a single document has been filed or exhibited on the side of defendant - Mere admission of PW1 that suit property was allotted to defendant No.4 under a oral partition, cannot be sole criteria to..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Co-sharers - Co-sharer cannot be restrained from raising construction over joint land except when co-sharer results in ousting of other co-sharer or is detrimental to rights of other co-sharers...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Co-sharers - Plaintiffs and defendants are joint owners in possession over suit property and nobody has been shown to be in exclusive possession over suit land - Possession of one co-sharer is possession of all in the eyes of law - So even, if defendants raise construction over some portion, it will..........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration of title and permanent injunction - Once plaintiff failed to get any substantive relief, consequential relief of permanent injunction cannot be granted to plaintiff...........
Specific Relief Act, 1963, Section 38, 39 -- Permanent injunction and mandatory injunction - Restraining defendant from invoking, receiving or making any payment in respect of bank guarantee - Terms of contract were changed and it was refused before performance is due - So there was no contract - Encashment of bank guarantee furnished would tantamount to unjust enrichment..........
