Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Defendant seeking injunction against plaintiff - Suit for injunction restraining defendant from interfering with possession and from demolishing structure - Defendant seeking injunction restraining plaintiff from carrying on with construction as plaintiff's father had executed agreement to sell suit property to defendant -..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration without seeking relief of possession - Simpliciter suit for declaration by a co-sharer though not in possession is maintainable...........
Specific Relief Act, 1963, Section 34 -- Suit for declaration as to right of property - Plaintiff not in possession - Simplicitor suit for declaration without seeking consequential relief of possession is not maintainable...........
Specific Relief Act, 1963, Section 37 -- Joint owners - Suit for permanent injunction restraining the defendants/co-owner from interferring in possession and dispossessing plaintiff from the suit land - Plaintiff in exclusive possession of suit land - One of the joint owners of the suit land - Recorded as joint owner in possession in revenue record - Could not be..........
Specific Relief Act, 1963, Section 37 -- Suit for permanent injunction - Interference in possession - Land belonging to the proprietors of the village - Plaintiff in exclusive and peaceful possession over the suit land - Admitted ownership of the defendants - Plaintiff also one of the proprietor - Proprietors of village could seek possession of property after seeking..........
Specific Relief Act, 1963, Section 34 -- Suit for Declaration - Possession not claimed - Maintainability - Plaintiff-mortgagee filed a suit for declaration with consequential relief that mutation of redemption is illegal and ineffective - Admittedly plaintiff not in possession on the date of filing of the suit. Held - Mere suit for Declaration without claiming the..........
Specific Relief Act, 1963, Section 38 -- Perpetual injunction - Restraining interference in possession - Plaintiff in possession for considerable period - Plaintiff not to be dispossessed except by due process of law...........
Specific Relief Act, 1963, Section 12(3)(a)(b)(ii) -- Specific performance - Plea of defendant that the suit for specific performance of the agreement was not maintainable because the possession of the land has been delivered to him and the agreement to sell required registration u/S.17 of the Registration Act repelled - Held that specific performance has not been ordered..........
Specific Relief Act, 1963, Section 34 -- Sale deed in favour of plaintiff by power of attorney holder - After death same land sold by L.R's in favour of defendant No.1 - Power of attorney duly proved - Defendant No.1 being in possession of suit land as tenant was supposed to take caution while purchasing suit land from legal representatives - It is unbelievable that..........
Specific Relief Act, 1963, Section 37, 38 -- Injunction - Trespasser - No injunction can be granted against the true owner or in favour of a trespasser or a person who is in unauthorised possession...........
