Specific Relief Act, 1963, Section 39 -- Mandatory injunction - Termination of licence - Suit for mandatory injunction lies with the only rider that suit is filed without any delay - If after termination of licence suit is not filed within three years then plaintiff has to file suit for recovery of possession...........
Court Fees Act, 1870, Section 7(v)(II), 7(iv)(B) -- Termination of licence - Suit for mandatory injunction - Plaintiff acted promptly in instituting the suit - Suit for mandatory injunction would be maintainable - Fixed Court fee paid by plaintiff is correct and proper...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for mandatory injunction - Right, title and interest of plaintiff on suit property on basis of registered sale deed has been concurrently held by Courts below - No unimpeachable and credible evidence on record to deny such right, title and interest of plaintiff over suit property - Findings of fact concluded..........
Specific Relief Act, 1963, Section 37, 38 -- Suit for permanent injunction and partition - Suit dismissed by trial Court without recording evidence of plaintiff as well as defendant - Suit is in relation to immovable property and valuable rights of parties are to be decided - One opportunity to lead evidence is thus, required to be granted - Impugned order of dismissal of..........
Evidence Act, 1872, Section 114 -- Adverse inference - Suit for declaration and permanent injunction - Plaintiff himself not appeared in witness box to testify in support of plaint - Power of attorney holder of plaintiff has not even produced original Power of Attorney on record despite being afforded opportunities to produce the same - Photocopy of power of attorney..........
Civil Procedure Code, 1908, Order 41, Rule 31 -- Judgment of first appellate Court - Suit for permanent prohibitory injunction - Contention that Lower appellate Court has committed a manifest illegality in considering third case not pleaded by parties - However, lower appellate Court has taken into consideration oral evidence as well as circumstances in order to find out..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for permanent prohibitory injunction - Suit property declared as plaintiffs Courtyard by Trial Court after carefully analyzing boundaries shown in two sale deeds - Lower Appellate Court reversed the findings of trial Court and has rendered opinion bereft of reference to documentary evidence, which trial Court..........
Civil Procedure Code, 1908, Order 22, Rule 3, 4, 11 -- Substitution of LRs - Legal Representative brought on record in an appeal filed against order refusing to grant temporary injunction - Such impleadment will enure towards the proceedings in the suit itself...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Seeking relief restraining defendant from transferring, alienating, mortgaging, creating gift or any right in changing nature of suit land - These are not distinct prayers as all such prayers are related to each other and filing single application for all said reliefs is maintainable...........
Specific Relief Act, 1963, Section 34, 37 -- Suit for declaration on the basis of sale deed - Simultaneously plaintiff also claimed title on the basis of adverse possession - High Court held that plea of ownership based on sale deed and plea of adverse possession, both, are contrary to each other and plaintiffs cannot be permitted to take both the pleas at the same time -..........
