Civil Procedure Code, 1908, Section 47, Order 21, Rule 32(5) -- Decree for mandatory injunction - Execution - J.D. directed to leave possession of suit land in two months failing which decree holder would be at liberty to take possession of property through process of Court - Execution of decree for eviction is maintainable in the event there is disobedience of the..........
Specific Relief Act, 1963, Section 39 -- Mandatory injunction - Plaintiff admitted to be in possession by defendant in their own suit which they withdrew - Second suit not filed by defendants - Plaintiff dispossessed with help of administrative authorities - Suit of plaintiff for mandatory injunction is maintainable - Decree for possession passed by first appellate Court,..........
Mandatory Injunction -- Suit by plaintiff-respondent directing defendant-appellant to hand over possession of demised premises - It has come on record that the plaintiff has failed to prove his ownership - Merely because adverse possession has been claimed by defendant against everybody is of no significance - Suit for mandatory injunction by plaintiff-respondent held not..........
Specific Relief Act, 1963, Section 39, Easement Act, 1882, Section 60(b) -- Licence - Revocation - Suit for mandatory injunction - Immediately after termination or revocation of licence, a licensee does not become a trespasser - Suit for mandatory injunction is maintainable if suit is filed within a reasonable time - In case suit is not filed with promptitude then in that..........
Transfer of Property Act, 1882, Section 105, Easement Act, 1882, Section 52, Specific Relief Act, 1963, Section 39 -- Licence - Termination - Suit for mandatory injunction is maintainable after termination of licence by issuing a notice and licensee refusing to hand over vacant possession to the licensor...........
Transfer of Property Act, 1882, Section 105, Easement Act, 1882, Section 52, Specific Relief Act, 1963, Section 39 -- Licence - Termination - Suit for mandatory injunction - Licence terminated on 11.7.1991 and suit for mandatory injunction filed on 24.8.1991 - Held, there is no delay in filing suit for mandatory injunction and the same is maintainable - It is only in cases..........
Specific Relief Act, 1963, Section 39 -- Licence - Termination - Suit for mandatory injunction - Service terminated by employer and licence to reside in premises also terminated - Employee not vacating - Suit for mandatory injunction seeking a direction to employee to hand over vacant possession is maintainable...........
Specific Relief Act, 1963, Section 34, 39 -- Bank loan - Suit for declaration that plaintiff is liable to pay simple interest @ 10.5% on loan amount and for mandatory injunction directing the defendants to re-cast the loan account after charging interest @ 10.5% p.m. and return the excess amount charged, if any - Contention that in fact suit for recovery of amount should..........
Specific Relief Act, 1963, Section 39 -- Suit for mandatory injunction - Against licensees - Plaintiff allowed daughter and son-in-law to reside in the house till they could arrange some other alternative accommodation - Suit for mandatory injunction with a direction to the defendants to vacate the premises is maintainable as the defendants are mere licensees and the..........
Specific Relief Act, 1963, Section 39, Transfer of Property Act, 1882, Section 105, 107, Court Fees Act, 1870, Section 7(iv)(c) -- Licensee - No need to file suit for possession by paying court fee on the market value of the property - Suit for mandatory injunction is maintainable...........
