Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Plea that trial Court should have passed an order of status quo instead of passing an order of temporary injunction - Trial Court while deciding application for temporary injunction is required to give a finding as to which party is in possession of the property in dispute - By directing parties to..........
Court Fees Act, 1870, Section 7(iv) -- Court fee - Suit for declaration of title, permanent injunction as well as declaring sale deed as null and void - Plaintiff is a party to transaction, who is trying to avoid sale deed by alleging that same was got executed by playing fraud - Order directing plaintiff to pay ad valorem Court fee is proper...........
Specific Relief Act, 1963, Section 34, 38, 41(h), Transfer of Property Act, 1882, Section 53A -- Decree of declaration of title - Claim for - Plaintiff also seeking relief of permanent injunction restraining defendant from interfering with their possession - Plea of adverse possession by plaintiff - As per averments in plaint, plaintiff's father and thereafter he himself..........
Civil Procedure Code, 1908, Order 21, Rule 32 -- Execution - Disobedience of decree for injunction - Plaintiff has taken symbolical delivery of property and he is in physical possession and enjoyment of property by collecting rent for building from defendant - There is thus, no violation of decree for injunction - Application filed U.O.21.R.32 CPC to punish defendant for..........
Civil Procedure Code, 1908, Section 24 -- Transfer of suit - Allegation of favoritism by Presiding Officer, as he is giving shorts dates in the matter - However, it is the plaintiff who already obtained an interim injunction order intends to linger on matter - Moreover, being a civil matter, there is no merit in the contention of plaintiff that he is being compelled to..........
Specific Relief Act, 1963, Section 37, 38 -- Prohibitory injunction - Restraining defendant from demolishing suit property without due process of law - Plaintiff proved his title and possession over suit property - Defendant has not led any evidence controverting claim of plaintiff - In fact, defendant admitted possession of plaintiff - Suit property is thus, in ownership..........
Civil Procedure Code, 1908, Section 9, Himachal Pradesh Holdings (Consolidation and Prevention of Fragmentation) Act, 1971, Section 57 -- Suit for declaration and injunction - Suit for declaration that mutation be declared null and void - Ouster of jurisdiction of Civil Court as per S.57 of Act of 1971 is qua those matters which arise out of Consolidation proceedings -..........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration and permanent injunction on the basis of sale deed - Plea of defendant that full consideration was not paid - Execution of sale deed not denied by defendant - All the right, title and interest over the suit property stand transferred in favour of plaintiff even if case of defendant is accepted that plaintiff..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Substantial question of law - Suit for declaration of title and permanent injunction - Concurrent findings recorded by both the Courts below that plaintiffs failed to prove partition and possession over suit property, which is a finding of fact based on evidence available on record - Said findings neither perverse..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party in appeal - Suit for cancellation of sale deed and permanent injunction - Application for impleadment rejected on the ground that plaintiff sought impleadment on the basis of sale deed which stands cancelled by Trial Court - However, said reasoning is incorrect, as sale deed is not cancelled so far -..........
