But a person in wrongful possession is not entitled to an injunction against the rightful owner. _____, Khasara No. This, defendant therefore is still the full owner in possession and management of the properties in suit. The indenture of settlement was times never acted upon as alleged. Suits for declaration.-In a suit for a declaratory decree or order, whether with or without consequential relief, not falling under section 26- (a)where the prayer is for a declaration and for possession of the property to which the declaration relates fee shall be computed on the market value of the property or [5][rupees one thousand] whichever is higher; Para 11.2- Where the title of the Plaintiff is not disputed, but he is not in possession his remedy is to file a suit for possession and seek in addition, if necessary an injunction.
Under section 8 no suit can be brought against the owner, while under section 7 a person enjoying special or temporary right to present possession can bring suit even against the owner and under section 7 a decree is for the return of movable property or for the money value in alternative while under section 8 decree is only for return of specific article.
:_____ of 2008 Plaintiff Versus Defendants Suit for Permanent Prohibitory Injunction and Mandatory Injunction restraining the defendant from raising any construction over the suit land comprising in Khata Khatauni No. That the plaintiff has got no cause of action to file the instant suit, because the house in dispute bearing No.382-B Sector I, Khayaban-e-Sirsyed was in the name of Mehmood Ahmed who mortgaged the said house to answering defendant and gave away possession of said house to answering defendant and now the tenants of answering defendant are in possession of the said house.
suit for possession: A court suit initiated by a landlord to evict a tenant from leased premises after the tenant has breached one of the terms of the lease or has held possession of the property after the lease's expiration. Suit Permanent Injunction IN THE COURT OF CIVIL JUDGE, COIMBATORE Civil Suit No. Civil Procedure-Suit filed for recovery of possession and mesne profits-In a previous suit a decree for mesne profits was passed in respect of the same land-Whether cause of action same in both suits-Subsequent suit whether barred under provisions of the Code-Code of Civil Procedure, 1908 (Act 5 of 1908), Order 2 rr. This defendant says that neither the possession nor the management of the property in suit were handed over to the plaintiff or defendant No.2.
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