Suit for Permanent Injunction

Suit for Permanent Injunction – Appellant is an illiterate old lady in her early eighties – Allowed to appear and get herself examined in support of her case set up in the plaint and lead her evidence - The appellant, if for any reason, is unable to appear in the Court due to her old age, she is permitted to get herself examined on commission at her residence at her expenses - The Court will, accordingly, appoint any lady lawyer as Local Commissioner for recording the evidence of the appellant, if the appellant makes such request – All other witnesses of the appellant would be examined in Court. (S.C.) (2018-3) PUNJAB LAW REPORTER

Suit for Permanent Injunction – Claiming herself to be lawful tenant in the house in dispute admitting ownership of the respondent over the same pleading that her owner was trying to dispossess her illegally and forcibly – She is not the tenant - She is not the owner of the premises - It is clear from the documents available on the file that she has failed to prove her claim of being tenant and owner over the premises - It means that she has illegally occupied the premises of the appellant - It is clear that she has played with the law – She has also been impersonating himself as owner of the property – Trespasser cannot obtain injunction as a right against the true owner.  (2018-2) PUNJAB LAW REPORTER 

Suit for Permanent Injunction - Expression "or from doing anything detrimental to the title and possession of the plaintiffs" in prayer clause - It cannot be said that the Suit is only for grant of permanent injunction simpliciter - In other words, the issue of title having surfaced in the relief clause, the same is of some significance over the rights of the parties while considering the grant of the reliefs. . (S.C.)(2018-1 ) PUNJAB LAW REPORTER 

Suit for Permanent Injunction – Had filed a suit for permanent injunction and in the alternative a suit for possession alongwith permanent injunction seeking vacation of the suit property which was stated to be in the occupation of the appellant – That her husband and she had disinherited the appellant she had consistently made requests to the appellant and respondent No.2 to vacate the suit property – Suit for mandatory injunction or in the alternative for possession filed was maintainable, as appellant who was licensee continued to occupy the suit property even after the revocation of their licences and repeated requests made to vacate the suit property. (2018-1) PUNJAB LAW REPORTER

 

Suit for Permanent Injunction – Restraining the defendant from alienating, transferring, mortgaging the suit property – Evidence closed by order of Court – Parties cannot be prevented from cross-examining witnesses which would have a serious effect on the decision of the case particularly when the stakes are minimum - Therefore, in order to prevent miscarriage of justice and to do justice, I deem it appropriate to afford two effective opportunities to the petitioner-defendant to cross-examine the witnesses. (2018-3) PUNJAB LAW REPORTER

 

 

Suit for permanent injunction  -  On a consideration of the judicial pronouncements on the subject, we are of the opinion that: (i) a co-owner who is not in possession of any part of the property is not entitled to seek an injunction against another co-owner who has been in exclusive possession of the common property unless any act of the person in possession of the property amounts to ouster, prejudicial or adverse to the interest of co-owner out of possession. (ii) Mere making of construction or improvement of, in the common property does not' amount to ouster. (iii) If by the act of the co-owner in possession the value or utility of the property is diminished, then a co-owner out of possession can certainly seek an injunction to' prevent the diminution of the value and utility of the property. (iv) If the acts of the co-owner in possession are detrimental to the interest of other co-owners, a co-owner out of possession can seek an injunction to prevent such act which, is detrimental to his interest. In all other cases, the remedy of the co-owner out of possession of the property is to seek partition, but not an injunction restraining the co-owner in possession from doing any act in exercise of his right to every inch of it which he is doing as a co-owner. (2000-3)126 PUNJAB LAW REPORTER