Specific Relief Act, 1963, Section 37, 38 -- Suit for injunction - Co-owner - Cannot seek injunction against another co-owner - Remedy for plaintiff is to file a suit for partition...........
Specific Relief Act, 1963, Section 38 -- Coparcenary property - Suit for injunction - Held, coparceners are jointly holding entire house - There cannot be any injunction against them because law is well settled that on every inch of coparcenary property, each coparcener is having equal share and it shall be deemed that possession of one of coparcener is for another...........
Specific Relief Act, 1963, Section 37, 38 -- Permanent injunction - Grant of - Plaintiff holds the lease in perpetuity for the property in dispute - Lease was not cancelled - Held, plaintiff is entitled to permanent injunction...........
Specific Relief Act, 1963, Section 37, 38 -- Permanent injunction - Restraining defendants from cutting and removing trees standing in their land - Standing trees belong to the owner of the land and not to the person by whom these were planted - Trees planted by any person/lessee/tenant belong to landowner on whose land these were planted and not the planters of the trees..........
Specific Relief Act, 1963, Section 38, 41(j) -- Injunction - Lease of plot to plaintiff - Restraining defendant from leasing out any portion of plot leased to plaintiff - Plot proposed to be leased out not carved out from the plot on lease with the plaintiff - Plaintiff has no right in respect of any other area other than area leased out to him - Injunction cannot be..........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Plaintiff not in possession is not entitled to the relief without claiming recovery of possession...........
Specific Relief Act, 1963, Section 38, Civil Procedure Code, 1908, Section 11, Order 2, Rule 2 -- Injunction - Earlier also a similar suit was filed - Earlier suit was dismissed as withdrawn as defendant in the written statement stated that he will not interfere and would not raise any construction over the suit land - Plea that present suit is barred U.O.2.R.2, O.23.R.1 &..........
Specific Relief Act, 1963, Section 38 -- Suit for permanent injunction - Plaintiff not in actual physical possession of suit property - Persons in actual physical possession not applied to court for seeking injunction against defendants - Held, prohibitory injunction cannot be granted to plaintiff...........
Specific Relief Act, 1963, Section 38 -- Injunction - Grant of - Factors to be taken into consideration - Held, principle of law is that a person in possession can protect possession against entire world and even against a true owner - If there is a settled possession of property an injunction can be granted - If trespasser is in settled possession of property, the..........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Maintainability - Plaintiff sought permanent injunction against defendants on ground that he has been in possession of suit property and defendants were disturbing his possession - Plaintiff's suit is not based on title - Reference in plaint to grant in favour of father of plaintiff is only to show as to how..........
