Specific Relief Act, 1963, Section 38 -- Suit for permanent injunction on basis of agreement to sell - Plea of defendant that suit is pre-mature - Suit filed alleging that defendant refused not only to accept balance payment but also refused to execute sale deed - Even, it is pleaded that defendant is trying to alienate property - In such circumstances, suit for injunction..........
Specific Relief Act, 1963, Section 38 -- Suit for permanent injunction on basis of agreement to sell - Plea of defendant that cheque of Rs.5,00,000/- was never handed over - Some part of earnest money was paid in cash whereas remaining amount paid through cheque - Cheque has never been dishonoured - Even, in agreement to sell details of cheque drawn on particular bank..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendant from dispossessing plaintiff from suit property - No proof of possession by plaintiff - Possession ordinarily follows title and for success plaintiff should have produced some evidence to show that he is in possession - Temporary injunction rightly declined...........
Specific Relief Act, 1963, Section 38 -- Permanent prohibitory injunction - Obstruction of pathway by threatening to extend wall - Wall was in existence prior to filling of suit - No evidence on record to even suggest as to on which date threat was given to extend wall - Plaintiffs utterly failed to prove that any threat was ever extended by defendants to extend the wall -..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for mandatory injunction - Plaintiff failed to prove its case - Trial Court dismissed the case - Appellate Court while affirming finding of trial Court has recorded a finding that plaintiff cannot take advantage of lacuna in the case of defendant to obtain a decree in his favour as plaintiff has to stand on..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for declaration and permanent injunction - Plaintiff failed to lead any evidence oral as well as documentary in support of his case before trial Court - Both the Courts below have recorded concurrent finding of fact against plaintiff by dismissing suit - No substantial question of law is involved in the second..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Parties to lis are joint owners of suit land - Plaintiff became co-owner of suit land by way of sale deed in his favour - But plaintiff has not been able to prove that at the time of execution of sale deed, he was given exclusive possession of suit property - Plaintiff thus failed to show prima facie..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for permanent injunction and declaration - Concurrent findings recorded by both the Courts below decreeing suit of plaintiff, which cannot be interfered by High Court, particularly when there is no illegality committed by trial Court in decreeing suit filed by plaintiff - No substantial question of law arise..........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration and injunction - Dispute regarding drawing water from common well - Right of drawing water from common well and right of plaintiff to carry water through channel cannot be obstructed by defendants who are co-sharers of well - Concurrent findings of two Courts below that plaintiffs are entitled to draw water..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Purpose of an interim injunction is to preserve the property in dispute pending suit, where property is in danger of being wasted, damaged or alienated by any party to the suit, or where defendants threaten to dispossess plaintiff, or otherwise cause injury to plaintiff, in relation to suit property...........
