Civil Procedure Code, 1908, Order 39, Rule 1, 2, Specific Relief Act, 1963, Section 37, 38 -- Vacant site - Possession - In a case of vacant site the principle is that possession follows title - If two persons claim to be in possession of a vacant site, then one who is able to establish title thereto will be considered to be in possession as against the person who is not..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Specific Relief Act, 1963, Section 37, 38 -- Injunction - To get relief of injunction plaintiff has to establish that on date of suit he was in lawful possession of suit property and defendant tried to interfere or disturb such lawful possession...........
Specific Relief Act, 1963, Section 38 -- Injunction - Contingencies in which a suit for permanent injunction and/or declaration is maintainable analysed viz. (1) When plaintiff is in lawful or peaceful possession of property and such possession is interfered or threatened then suit for injunction simpliciter is maintainable but a person in wrongful possession is not..........
Specific Relief Act, 1963, Section 39 -- Mandatory injunction - Licence - Refusal to vacate on termination of licence - Suit for mandatory injunction is maintainable - It is not necessary for the licenser to file a regular suit for possession by paying Court fee on the market value of the property...........
Housing -- Flat allotment - Delay in possession - Compensation - It is the complainant who committed delay in signing the 'Hire - Purchase Agreement' within stipulated time after having made the payment - Not entitled to any relief...........
Specific Relief Act, 1963, Section 37, 38 -- Permanent injunction - Plaintiff has to establish that he is in possession in order to be entitled to a decree for permanent injunction...........
Civil Procedure Code, 1908, Section 11, Order 2, Rule 2 -- Bar of subsequent suit - Principles of constructive res judicata - Suit for injunction - Dismissed - Plaintiff restrained from interfering with physical possession of defendant - Plaintiff filed suit for possession - Relief for recovery of possession could not have been asked for in that suit - A relief which was..........
Transfer of Property Act, 1882, Section 58(d), Limitation Act, 1963, Article 61, Specific Relief Act, 1963, Section 34 -- Usufructuary mortgage - Declaration by mortgagee in respect of title over suit property after expiry of period of limitation to sue for foreclosure - Right to redeem or recover possession, when no time limit is fixed for redemption, accrues to mortgagor..........
Specific Relief Act, 1963, Section 34, Specific Relief Act, 1963, Section 34 -- Suit for declaration of title simpliciter not maintainable unless consequential relief is also prayed for i.e. relief of possession - In the instant case plaintiff also prayed for permanent injunction restraining defendant from interfering in the possession of plaintiff - Suit maintainable in..........
Specific Relief Act, 1963, Section 15, 22, 31 -- Agreement to sell - Specific performance - Agreement dated 5.12.1980 executed between parties - Another agreement dated 20.12.1981 executed between deceased/appellant No.1 with landowners - Held, that rights of appellants to seek specific performance of agreement u/s 15 of the Act flowing from agreement dated 5.12.1980 was..........
