HAPPY NEW YEAR 2019

Wish you all a HAPPY NEW YEAR 2019God bless you all with great health, wealth and prospertywith warm regards                         Your’s                   Advocatemmmohan

Suit for declaration of tenancy rights and injunction – even though plaintiff failed to prove his case – being a licensee as proved is entitled for permanent injunction till he was dispossed through process of law

The appellant had filed Suit seeking declaration to the effect that he is holding leasehold rights in the aforesaid shop and, therefore, he is a protected tenant. He had also claimed relief of permanent injunction seeking restraint against the defendant(s)(respondent(s) herein) from dispossessing the appellant(s) from the shop (hereinafter referred to as ‘the suit premises’).-… Read More Suit for declaration of tenancy rights and injunction – even though plaintiff failed to prove his case – being a licensee as proved is entitled for permanent injunction till he was dispossed through process of law

No court can grant decree/relief infavour of the defendant without counter claim and without pleadings and without producing the documents , while granting decree in favour of the plaintiff as he prayed for

suit for declaration of title and injunction- the trial court decreed the suit with costs. However, the defendants have been given the right to grow Tulsi and pluck flowers in the suit land for performance of pooja. – High court also confirmed the same – Apex court held that The defendant has not set up… Read More No court can grant decree/relief infavour of the defendant without counter claim and without pleadings and without producing the documents , while granting decree in favour of the plaintiff as he prayed for

in a suit for mere injunction – an amendement of plaint can be allowed for specific performance of agreement of sale if it is in time

Or.6, rule 17 CPC- amendment of plaint adding for specific perfromance of agreement of sale in a bare suit for injuntion – both courts dismissed the same – The reasoning given by the courts below is that the amendment would be barred by limitation if one is to calculate the limitation from the date of… Read More in a suit for mere injunction – an amendement of plaint can be allowed for specific performance of agreement of sale if it is in time

Injunction can be granted as the appellant will not be dispossessed except in accordance with law or any other law.

suit for injunction-According to the appellant, there was said to be an attempt to forcibly dispossess them by the respondents and that is what drove them to file a suit for injunction.-The Trial Court granted the injunction but on appeal the High Court set aside the order of the Trial Court. The High Court went… Read More Injunction can be granted as the appellant will not be dispossessed except in accordance with law or any other law.

No injunction when the plaintiff’s share is 6 pies and 3.125% in the entire suit property, and when the total undivided share of the other co-sharers including the plaintiffs share is 49%

No injunction when the plaintiff’s share is 6 pies and 3.125% in the entire suit property, and when the total undivided share of the other co-sharers including the plaintiffs share is 49% . Injunction order – Trail court granted – Hight court affirmed – Apex court held that The original plaintiff i.e., respondent No.1, holds… Read More No injunction when the plaintiff’s share is 6 pies and 3.125% in the entire suit property, and when the total undivided share of the other co-sharers including the plaintiffs share is 49%

No need to disturb the partitioned properties while granting partition decree in respect of unpartitioned properties

suit for partition and separate possession of ancestral properties set out in Schedules to the plaint.- The defendants stated that soon after the death of their father in the year 1944, there was a partition amongst the brothers and each of the brothers was enjoying agricultural lands separately and the house properties were also divided… Read More No need to disturb the partitioned properties while granting partition decree in respect of unpartitioned properties