Specific Relief Act, 1963, Section 38 -- Permanent injunction against Gram Panchayat - Revenue record shows Gram Panchayat to be owner of suit property - Even in cultivation column entry is Makbuja Malkana i.e under the possession of owner - Reliance of plaintiff on demarcation report is not sustainable, particularly, when it is not on record whether demarcation was..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Defendants are registered owners of suit land and in possession of the same - Neither prima facie case found in favour of plaintiff nor balance of convenience or any irreparable injury - Interim injunction rightly refused by trial Court - Appellate Court while affirming said findings of trial Court..........
Specific Relief Act, 1963, Section 34, 38 -- Suit for possession and permanent injunction - Grant of decree - Plaintiff claimed ownership on basis of sale certificate - As per perusal of documents, Sale certificate was issued on basis of `restricted auction' and deposition of consideration amount by plaintiff in consonance with provisions of R.6(6)(xiv) of Punjab Package..........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration of title, injunction and possession - Entire case of plaintiffs based on ground that they are owner of suit property - Burden is upon plaintiffs to prove as to under what basis they have acquired their right, title and interest over suit properties - However, plaintiffs failed to produce any documents or..........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Bar of subsequent suit - Suit for injunction - Subsequent suit for specific performance - At the time of filing suit for injunction cause of action to file suit for specific performance has not accrued - Moreover, injunction suit was withdrawn by plaintiff with liberty to file fresh one - Subsequent suit for specific..........
Specific Relief Act, 1963, Section 34, 39 -- Agreement to sell - Suit for declaration and mandatory injunction - Suit filed almost after 12 years from the date of agreement - Suit not filed for specific performance - It is a misconceived suit - Suit was rightly dismissed...........
Specific Relief Act, 1963, Section 34, 39 -- Agreement to sell - Suit for declaration and mandatory injunction - Agreement to sell not proved on record - Plaintiff thus, have no prima facie case in his favour to file a suit in relation to suit land once agreement was held not proved - Suit dismissed...........
Specific Relief Act, 1963, Section 34, 39 -- Agreement to sell - Suit for declaration and mandatory injunction - Bar of limitation - Agreement in question executed in 1980 - Whereas, suit filed in 1992 - There is nothing to show that agreement was to be kept alive for such a long time - Moreover, agreement itself is not proved, therefore, no suit for claiming any relief in..........
Specific Relief Act, 1963, Section 37, 38, Transfer of Property Act, 1882, Section 106 -- Suit for permanent injunction - Lease - Restraining defendants from interfering in peaceful possession - Lease terminated by serving notice u/s 106 TPA - Plaintiff not pleaded any protection under rent laws - Since the year 2005 plaintiff has not paid even a penny - Held, in these..........
Divorce Act, 1869, Section 10(x) -- Dissolution of marriage - Mental cruelty - Petition by husband - In the instant case, husband and wife shifted from matrimonial home to some other place - Even, then brawl took place in house of parents of husband for which PCR was called and parents of husband has to face harassment and embarrassment before neighbours - Hence, once wife..........
