Specific Relief Act, 1963, Section 41(h) -- Suit for mandatory injunction - Plaintiff had ample opportunity to file suit for specific performance but failed to do so - Duty is cast on plaintiff to show and satisfy Court that suit as brought by him is properly constituted and maintainable in law - Courts below rightly held that suit for mandatory injunction is not..........
Specific Relief Act, 1963, Section 41(h) -- Suit for mandatory injunction - Plaintiff had ample opportunity to file suit for specific performance but failed to do so - Duty is cast on plaintiff to show and satisfy Court that suit as brought by him is properly constituted and maintainable in law - Courts below rightly held that suit for mandatory injunction is not..........
Specific Relief Act, 1963, Section 34, 38, 41(h), Transfer of Property Act, 1882, Section 53A -- Decree of declaration of title - Claim for - Plaintiff also seeking relief of permanent injunction restraining defendant from interfering with their possession - Plea of adverse possession by plaintiff - As per averments in plaint, plaintiff's father and thereafter he himself..........
Specific Relief Act, 1963, Section 39, 41(h) -- Suit for mandatory injunction - When efficacious remedy in the form of suit for recovery is available then filing of suit for mandatory injunction is hit by S.41(h) of Specific Relief Act...........
Specific Relief Act, 1963, Section 39, 41(h) -- Mandatory Injunction - Suit not barred by provision of S.41(h) of the Act, as plaintiff held to be owner of suit property and is residing in the same accommodation, thus, cause of action has arisen to plaintiff for filing suit for mandatory injunction - Plaintiff cannot be compelled to file a suit for possession, as held by..........
Hindu Minority and Guardianship Act, 1956, Section 6, 7, 25, Specific Relief Act, 1963, Section 41(h) - - Custody of minor child - Suit for mandatory injunction - Maintainability - Plaintiff-appellant neither applied u/s 7 of the Act for her appointment as guardian of minor nor u/s 25 for making an order for return of his custody - Suit for mandatory injunction filed for..........
Specific Relief Act, 1963, Section 41(h) -- Suit for permanent injunction - Not maintainable when plaintiff has an equally efficacious remedy available - Property which was subject matter of suit was ancestral and coparcenary property - Plaintiff could assert right over the property by filing a suit for partition - Plaintiff filed a suit for injunction - Held, suit for..........
Specific Relief Act, 1963, Section 41(h) -- Suit for mandatory injunction asking the defendant to execute the lease deed - maintainability - the provisions of S.41(h) Specific Relief Act debar the grant of injunction if there is any other efficacious remedy is available - suit for mandatory injunction is not competent and a proper remedy is to prefer a suit for specific..........
