Transfer of Property Act, 1882, Section 44 -- Sale - Co-sharer - Suit for perpetual injunction - Suit plots are not within vicinity of plaintiff's house and homestead - Said plots not even indispensable for use and occupation of dwelling house of plaintiff and his co-sharer - Suit u/s 44 of the Act held, not maintainable...........
Co-sharer -- Sale of property by one co-owners - Purchaser put in possession of a specific portion - Raising of construction by purchaser - Suit for injunction does not lie - Remedy is to file suit for partition - Sale of land by a co-sharer of property which is in his exclusive possession is subject to adjustment at the time of partition - Raising construction or..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Restraining defendants for causing any hindrance to performance of puja and other celebrations on suit property - Entire scope of application of temporary injunction is referred to acts of celebrating kalipuja and performing sports activities, which were of transient nature on face of it and could..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Prior to commencement of trial - Suit for permanent injunction - Amendment sought to add relief of declaration - By adding relief of declaration basic structure of suit is not altered - Amendment allowed...........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration and perpetual injunction - Plaintiff claimed that suit land and temple constructed thereon belongs to their family - However, no document of title was relied upon by plaintiff to establish his claim - As per revenue record ancestors of plaintiff only shown as Manager - Even revenue entry was not individually..........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration and permanent prohibitory injunction - Admittedly, defendant did not appear in the witness box but since the plaintiff has failed to prove his case mere fact that defendant did not appear in the witness box is of no avail especially when his son who was acquainted with the facts of the case and was duly..........
Specific Relief Act, 1963, Section 38 -- Suit for permanent prohibitory injunction - Once it is proved that plaintiff is in possession, then regardless of title of property or capacity in which plaintiff is holding property, he would normally be entitled to an injunction...........
Specific Relief Act, 1963, Section 38 -- Suit for permanent prohibitory injunction - Plaintiff specifically stated that at the time of filing suit he was in possession of suit land - Said fact is neither denied by defendant in his written statement nor denied at the time of arguments - Plaintiff also specifically stated that defendants in the year 1993 tried to interfere..........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration and permanent injunction in respect of electric motor connection - Plaintiff became co-owner to the extent of 2/3rd share in land previously owned by deceased on the basis of consent decree - There is no reference to electric motor connection in question which was sanctioned in the name of deceased, as such..........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Restraining defendants from cutting mango tree and removing sheesham tree wood lying on the spot - Boundary dispute between parties - Local Commissioner submitted its report wherein it was found that mango tree was standing on land of defendants - As regard sheesham tree wood, since there was no stump found at..........
