Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Injunction - Co-sharer - Agricultural land - Defendant intended to construct - Proposed construction would change nature of agricultural land to gair mumkin land - Even if same ultimately comes to share of plaintiff after partition by that time, land would have been converted into gair mumkin and same cannot be restored as..........
Civil Procedure Code, 1908, Order 17, Rule 2, 3 -- Examination of plaintiff's witnesses - At the stage of evidence of defendant - Suit for injunction - Application moved by plaintiff to bring in his evidence two other witnesses who were neither in his list of witnesses nor they were produced before trial Court - 16 years had already lapsed from the date of filing of suit -..........
Civil Procedure Code, 1908, Section 9, Order 7, Rule 11(d) -- Rejection of plaint - Jurisdiction of Civil Court - Suit for cancellation of sale deeds and permanent injunction - Plaintiff alleges that power of attorney which formed the basis for execution of sale deed is a fraudulent document and forged and fabricated - Said transaction would only be voidable and cannot be..........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Co-sharers - Suit for bare injunction against co-owners not maintainable - If at all plaintiff is entitled to suit property as such only remedy available to plaintiff is to seek appropriate legal redressal by seeking relief of partition...........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Plaintiff claims title to suit property on the basis of Patta jointly granted in favour of plaintiff and defendant - Defendant thrown a serious challenge to claim of plaintiff's title, possession and enjoyment of suit property before institution of suit - Plaintiff should have sought for relief of declaration..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Cannot be granted in respect of no, suit property...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendants and their men, agents, associates from causing any obstruction/disturbances or interference in free ingress and egress of plaintiff and their vehicles in suit property - Disputed gate and passage over which plaintiff is claiming some reliefs are neither mentioned in pleadings..........
Specific Relief Act, 1963, Section 37, 38 -- Suit for injunction - Entire suit based on an agreement to sell - No prayer for grant of specific performance - In the absence of main relief, i.e. specific performance of contract, no ancillary relief in the form of an injunction can be granted...........
Specific Relief Act, 1963, Section 37, 38 -- Suit for injunction - A person out of possession, cannot seek relief of injunction simpliciter, without claiming relief of possession...........
Specific Relief Act, 1963, Section 37, 38 -- Suit for injunction - Wrongful possession - A person in wrongful possession is not entitled to an injunction against rightful owner...........
