Specific Relief Act, 1963, Section 38 -- Suit for permanent prohibitory injunction - Permissibility - As per agreement to sell executed by father of defendant and defendant clearly states that possession is given to plaintiffs - Plea of defendants that agreement to sell in favour of minors is invalid - But nowhere father of plaintiffs stated that he entered into..........
Specific Relief Act, 1963, Section 38 -- Suit for injunction - Plaintiff in possession - Interference by defendant in the physical possession of suit property - Possession substantiated by documentary proof executed in favour of plaintiff viz. General Power of Attorney, Deed of Agreement, Will, Receipt and Affidavit - In a suit for injunction question of title does not..........
Co-owner -- Co-owners in possession of several separate parcels under an arrangement consented by others cannot be disturbed by other co-sharers except by filing a suit for partition - A co-sharer, in exclusive possession of a specific portion with the consent of other co-sharers, can use that portion according to his own requirements and wishes and cannot be restrained by..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Trespasser - A person in settled possession cannot be evicted forcibly even by the true owner - However, the true owner has every right to dispossess or throw out a trespasser, while he is in the act or process of trespassing - Even a trespasser who is in settled possession of property can seek an..........
Limitation Act, 1963, Article 135, 136 -- Execution - Decree for mandatory injunction and possession - Execution of decree for possession does not become infructuous or inexecutable merely because decree for mandatory injunction is barred by limitation...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleading of a party - Suit for injunction against Municipal Council seeking to restrain it from interfering in peaceful possession over the private passage - Plaintiff claiming it to be a private street whereas applicant claiming it to be a public street in which he has equal right as his outlets for discharge of waste..........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Previous suit for permanent injunction and subsequent suit for possession - If during pendency of earlier suit or after dismissal thereof, defendant has taken possession then suit for possession is not barred by resjudicata - Earlier suit dismissed U.O.17.R.3 CPC - Suit for possession is not barred by resjudicata as..........
Civil Procedure Code, 1908, Section 151, Order 21, Rule 32 -- Execution - Decree of permanent injunction - Restoration of possession of suit property to decree holder can be ordered if direction of permanent injunction is violated by J.D. - Executing Court even by invoking S.151 CPC can order delivery of possession to D.H. who is dispossessed in violation of decree of..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for permanent injunction on the basis of possession - Plaintiff-appellant failed to prove his lawful possession over the suit land - Plaintiff-appellant dispossessed from the suit property in execution of warrants of possession issued by the competent court in favour of the respondent - Possession delivered to..........
Specific Relief Act, 1963, Section 38 -- Injunction - Restraining defendant from transferring an area more than his share - Plaintiff claiming himself to be co-sharer - Defendant claiming exclusive possession as owner on the basis of oral partition which took place between him and father of the plaintiff - Revenue record still reflecting joint possession - Alleged oral..........
