Specific Relief Act, 1963, Section 37, 38 -- Suit for injunction on the basis of possession - Not maintainable when plaintiff is not in possession...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Declined - Order upheld by appellate Court - No perversity or illegality in the impugned order - Conclusions of Courts below that plaintiff constructed the shop in dispute contrary to the approved building plan sanctioned by the Nagar Palika, are based on findings of fact arrived at on objective..........
Specific Relief Act, 1963, Section 38, 39 -- Permanent and mandatory injunction - Encroachment - No evidence on record brought by plaintiff to prove that there was encroachment at the instance of defendants except self serving statement of plaintiff - Demarcation report is of the year 2005 and no explanation has come forth in filing suit in the year 2010 - It cannot be..........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Plea of O.2.R.2 CPC - Cause of action for present suit for recovery of possession and earlier suit for permanent injunction are different - Plea of O.2.R.2 CPC does not apply...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for permanent injunction - Plaintiff seeking impleadment of `S' as a party, as he is having claim over property in question - Therefore, in the best interest of justice and to avoid multiplicity of litigation, he is required to be impleaded as a party - Moreover, purpose of adjudication would be..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Plaintiffs failed to place on record revenue record depicting their possession over suit property - Defendants on other hand purchased tenancy rights vide sale deed and possession of property handed over to them - No prima facie case or balance of inconvenience in favour of plaintiffs for issuance of..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Order 43, Rule 1(r) -- Temporary injunction - Granted against defendant trust not to interfere with plaintiff's right of seva puja of deities - Order set aside in appeal - Admittedly, plaintiff trust was registered with due process - Right of seva puja was conferred on trust - Possession of trust..........
Civil Procedure Code, 1908, Order 23, Rule 1(3) -- Withdrawal of suit with liberty to file afresh suit - Suit for injunction - Affidavit filed by plaintiff discloses that formal defect in suit is unworkable prayer and sufficient grounds are shown that plaintiff purchased the property from defendant - There is thus, necessity for seeking declaration of title and relief of..........
Hindu Law -- Joint Family property or exclusive property of plaintiff - Suit for restoration of possession, mesne profits and permanent injunction - House in question allotted in the name of sister of plaintiff and after her marriage said allotment changed in the name of plaintiff - Entire family was residing in the house in question right from the beginning - Plaintiff..........
Civil Procedure Code, 1908, Order 13, Rule 4 -- Admissibility of documents - Suit for declaration, confirmation of possession and for permanent prohibitory injunction - Defendants not even raise a little finger when sale deeds in favour of plaintiffs and prior owners being exhibited - No objection was raised by defendants while certified copies of sale deeds were being..........
