Assuming, though not admitting, that the SUIT FOR SPECIFIC PERFORMANCE AND PERMANENT INJUNCTION. INTRODUCTION :Specific performance is a specialized remedy used by courts when no other remedy (such as money) will adequately compensate the other party. . The Court said that they were unnecessary parties to the suit. Specific Relief Act, 1963, Section 38 -- Injunction - Suit for specific performance and injunction - Restraining defendants from operating factory - Defendant's control and possession over factory admitted in plaint - In a suit for specific performance of this nature, where defendant's ownership, possession and control over factory are admitted . Ten lakhs. That both the plaintiffs and the defendants led the evidence, both oral as well as documentary. 7. In both the suits, the learned trial Court framed the issues. 20. About Press Copyright Contact us Creators Advertise Developers Terms Privacy Policy & Safety How YouTube works Test new features Press Copyright Contact us Creators . Suit for mandatory injunction can be filed by the plaintiff-licensor to oust the defendant-licensee after the expiry of the term of license. SUIT FOR SPECIFIC PERFORMANCE OF AGREEMENT TO SELL DATED 30.05.2016, AND PERMANENT INJUNCTION. A plaintiff seeking temporary injunction in a suit for specific performance will therefore have to establish a strong primafacie case on basis of undisputed facts. Temporary injunction meaning in Indian law has been defined under Section 37(1) of the Specific Relief Act, 1963 as, "Temporary injunctions are such as are to continue until a specific time, or until the further order of the court, and they may be granted at any stage of a suit, and are regulated by the Code of Civil Procedure, 1908 (5 of . 55/1986 (suit for specific performance) and O.S. principles governing grant of injunction are common to that of granting anti-suit injunction. language for permanent injunction on analogous grounds as the plaintiffs in this case). In order to obtain the injunction order, the applicant must satisfy the court . :_____ 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. Temporary Injunctions, also called Interlocutory Injunctions are contained in Section 37(1) of the Specific Relief Act of 1963. The brief case of the plaintiff is as follows: (i) According to the plaintiff, the suit property belongs to the first defendant by virtue of a registered sale deed dated 18.03.1980. In the impugned order, the learned Munsif Magistrate relied upon the judgment of this Court in Mohd. Amendment: The suit for mandatory injunction is filed and the specific performance was sought for by way of an amendment. In the case of, Sant Lal Jain v. Avtar Singh [6], it was held that, where a licensor approaches the court for an injunction within a reasonable time after the license has terminated, then, the court shall . There are three main kinds of Injunctions: Permanent or Perpetual Injunction is regulated by Section 51 of Specific Relief Act, 1877. APPLICATION UNDER ORDER 39 RULE 1 & 2 READ WITH SECTION 151 RESPECTFULLY SHEWETH:- That the petitioner has filed the above captioned suit before this Honourable Court, the contents of which may kindly be read as integral part of this application. In other words, specific performance is a positive remedy whereas, an injunction is a negative remedy. Answer (1 of 2): When a party breaches a contract, a court will usually award money damages to the innocent party. File a suit for declaration and permanent injunction against him if you can prove that he is not a legally adopted son. The […] Secondly the plaintiff-respondents brought this suit for permanent injunction restraining their father, defendant 1, from selling or alienating the property to defendant 2 or any other person and also restraining defendant 2 from proceeding with the suit for specific performance of the agreement to sell pending in the civil court. Hence, the plaintiff is not entitled to claim protection under Section 53-A of the Transfer of Property Act on the basis of part performance of the contract. In that suit, Rakesh Kumar and his brothers who are the sons of Ram Prakash wanted to be impleaded as parties to the suit. (1) In every suit for specific performance and permanent injunction, if an interlocutory application is filed under Order 39 Rule 1 CPC for temporary injunction or for stay of the Rent Control case it will be necessary for the concerned Court to decide whether the tenant who is the petitioner in such an application has made out a prima facie . On the other hand, the plaintiff filed a suit for specific performance of the license Agreements and also sought damages to the tune of Rs.100 crore. Section 39 of the Specific Relief Act, 1963 Provides that: 1. Held:A Plaintiff seeking temporary injunction in a suit for specific performance will therefore have to establish a strong prima facie case on basis of undisputed facts. 3. The suit property was measuring 1777-1/2 sq.ft. In the present facts of the case, equally efficacious remedy available to the plaintiff is to seek specific performance, in such case he is not entitled to claim permanent injunction, apart from Section 41 (h), when the plaintiff has no personal interest in the property in view of the bar under Section 41 (j) of Specific Relief Act the . The facts of the case are that the appellant/plaintiff filed a suit for declaration and permanent injunction wherein the suit was valued @ Rs.18 lakhs. Baldev Raj Walia5 dealt with men given fashion and allowed the Petitioner to file for specific performance after that had filed for a suit and permanent. In other words they operate for a specific period when a suit, appeal or any other proceeding, is pending before a court of law. The Plaintiff has alleged breach of contract by the Defendant. The plaintiff filed two suits, one for specific performance of agreement and other for grant of permanent injunction in relation to the suit house. A mandatory injunction is a court order compelling a party to perform a positive act. Under certain circumstances an aggrieved party may file a suit for specific performance, i.e., for a decree by the court directing the defendant to actually perform the promise that he has made. Instant suit was filed for partition and other reliefs by claiming that the plaintiff was a joint owner of 1/3 rd share of the suit property and Defendants 1 to 5 were the joint shareholders of another 1/3 rd share and Defendant 6 for remaining 1 . With respect to effect of suit for permanent injunction based upon title, effect of negativing title has been considered by this Court. It is only provisional in nature and does conclude a right or finally . Suits into adults over fifty thousand and injunction format suit of for and declaration permanent injunction in the point involved moving to the specific relief prayed that long and. 2. A decree for perpetual injunction is made under sub-section (2) of section 37. INTRODUCTION: An injunction is a prohibitive letter issued by an equity judge, in the suit of a plaintiff, addressed to a defendant in the case, or to a party making a defendant for that matter, barring the latter from taking any action, or allowing his servants or associates to take any action that he is threatening or intending to commit, or preventing him in the . A permanent injunction is just as it sounds - permanent. Provision in hand it is in order due on his team or format of suit for declaration and permanent injunction also subscriber of use. suit for specific performance of agreement dated 03-06-2007, declaration, possession along with permanent and mandatory injunction as well as consequential relief in respect of land measuring 9 kanal 11 marlas situated in village keet, post office mustafa abad, tehsil cantt. PUNJAB AND HARYANA HIGH COURT. This lesson explains specific performance and injunctions, which are equitable remedies. Injunction is an order of the Court which either prohibits a party to a Civil Suit from doing a certain thing or mandates a party to perform something. With respect to effect of suit for permanent injunction based upon title, effect of negativing title has been considered by this Court. 3. That the addresses of the parties for the purpose of service has been given above correctly. _____, Khasara No. 394 views Hence the plaintiff filed the suit for permanent injunction 3 The gist and. The cause of action is required to be stated initially in the plaint but it was not pleaded. While a permanent injunction is a relief sought as the final outcome of a Suit, a temporary injunction is usually ordered during . These are legal terms in law. In Sajjadanashin Sayed Md. Thus, the Plaintiff could not have claimed injunction and specific performance in the same suit. 237-266. In this post we will discuss about whether we should file a case for specific performance or mandatory injunction if the other party fails to complete a transaction of an immovable property. In Sajjadanashin Sayed Md. In simple words, for obtaining a permanent injunction, a regular suit is to be filed in which the right claimed is examined upon merits and finally, the injunction is granted by means of judgement. For specific performance there should be agreement in between parties, if one party infringes in performing contract the other can file suit for specific performance. Under this section, injunction cannot be granted in the following cases: The first appellate court, i.e., the High Court, in appeal, This was held by the Hon'ble Supreme Court in the matter Sucha Singh Sodhi Through LRs v. Baldev Raj Walia & Anr., SLP (C) No. Suit and permanent injunction infringement of copy right and passing offValue. 11) On 27.11.1998, Sucha Singh (plaintiff) made a statement in the Court that he wants to withdraw the civil suit. They want to resist the suit for specific performance. (2000) 3 SCC 350, it has been held : "24. Section 41 of Specific Relief Act: Injunction when refused. This court order stops the defendant from pursuing a certain activity. A permanent injunction therefore finally decides the rights of a person whereas a temporary injunction does not do so. The Supreme Court held that an unregistered agreement to sell can be received as evidence of a contract in a suit for specific performance however, the protection under Section 53A of Transfer of Property Act 1882 would not be available in case of unregistered agreement to sell. He also made a statement that he is 2. Basically Injunctions can be of permanent or temporary nature. 3. It is issued in terms of decree after proper hearing of the case and satisfaction of the court. comprising in Survey No.172/1 situated at Kalappanaickenpatti Village. In a suit for recovery possession of property 'A', Court cannot grant possession of property 'B'. The cases of injunction are basically governed by the doctrine of equity. (D) by LRs. -By Sai Akanksh Deekonda. it is thus clear that in such a situation where a suit for a decree for specific performance is barred by the law of limitation, the prospective purchaser in possession would not be in a position to institute a suit for decree of specific performance, but section 53-a creates an equity in his favour, as a result of which he is entitled to … suit filed for permanent injunction only without seeking the relief of specific performance of the agreement of sale is barred under Order 2, Rule 2 of the Civil Procedure Code. The said suit was filed for the relief of permanent injunction based on the sale deed and possession of the sale property alleging that he was in possession of the sale property. In order make a case before the Magistrate, collect some evidence against your adopted brother. Bedi, J. Plaintiff's case in the suit was that suit Suit for Declaration and Permanent Injunction Written Statement on behalf of the Defendants No.1-3 Respectfully Sheweth:- Preliminary Objections Neither the plaintiffs have nor the plaint discloses any cause of action against the answering defendants, hence this plaint is liable to be rejected under Order VII, Rule 11 CPC. The further relief under section 34 must be (a) the one available as additional on the date of the suit (b) the one available after the filing of the suit (c) the one available as alternative on the date of the suit district, lahore comprising sallam khata no.25, 26 khatooni no. In the said suit, the plaintiff has made averments to the effect that she purchased two different lands at village Sakri, Tahsil Takhatpur, Distt. 3.5 That both the aforesaid suits being O.S. . Singh, if any, would be to file a civil suit for specific performance of the agreement against respondent No.1 but not in prosecuting the suit for permanent injunction. Equitable remedies are different than monetary damages. But no injunction can issue when the breach of contract has already been committed. 10) It is a well-settled law that the courts in India have power to issue anti-suit injunction to a party over whom it has personal jurisdiction, in an appropriate case. That the plaintiffs and defendants No.1 & 2 are the legal heirs of one Syed Mazhar Hussain Shah who expired on 04-01-2004 and was owner in possession of land measuring 1-Kanal & 10-Marlas situated at Mouzah Tench, Rawalpindi Cantt by virtue of registered Sale Deed No . This was known as the concurrent jurisdiction of equity that gave . An injunction may be permanent or temporary. Specific Performance. 94/1989 (suit for permanent injunction) were consolidated and heard together. 6) Bankruptcy. The discretion at this stage has to be exercised judiciously and not arbitrarily. 2. The plaintiff filed the suit in O.S.No.6 of 2009 for specific performance and permanent injunction. Limitation Act (1963), Article 54, Specific performance, date not fixed for performance, effect of, Specific Performance/suit for Injunction, specific performance, bar when applies. The trial court vide common judgment and decree dated 16.10.2001 dismissed both the . permanent injunction interdicting the defendants from disturbing the peaceful possession and enjoyment of the plaintiff over the suit property. Respectfully Sheweth:- 1. When can an aggrieved party file a suit for specific performance and for an injunction? That the Plaintiff‟s suit for permanent injunction is barred by Section 41 (h) of the Specific Relief Act since a more efficacious remedy is available to the Plaintiff. That the suit has not been properly verified in accordance with law. Under these circumstances, it must concluded that in substance the suit is one under Section 6 of the Specific Relief . . Inunction, as I have been stated above that injunction, is temporary and on a permanent basis is given by the court as a grant and if it is given then the party does . Before parting with this point, we would like to refer to two more rulings. B.E. However, in case of a claim for movable property, the suit may be filed under section 10 of Specific Relief Act, 1877. Civil Law - Injunction - No injunction could have been granted without impleading and without giving an opportunity of being heard - High Court granting injunction with respect to 1/7th share in the total plaint schedule properties which has been passed without giving an opportunity of being heard to the appellants and without impleading them as party-defendants in the suit by learned . Suit Permanent Injunction IN THE COURT OF CIVIL JUDGE, COIMBATORE Civil Suit No. Mareva injunction. Bar under Order 2 Rule 2(3) CPC in suit seeking permanent injunction later Specific performance of a contract.-para26 Direct- specific performance of the contract if terms of agreement of sale proved whether the prior proceedings have been prosecuted with due diligence , good faith.ref:under limitation Act Section 14 read with Section 5 But the (Court did not permit them. v. Musa Dadabhai Ummer & Ors. I. Page- x suits. No. In the absence of such prayer by the plaintiff the original suit filed by him before the trial court for grant of decree for specific performance in respect of the suit scheduled property on the basis of agreement of sale and consequential relief of decree for permanent injunction is not maintainable in law. Temporary or preliminary or interim or interlocutory injunctions continue till a specific time or until further order of the Court is passed. The second defendant is the son of the first defendant. Jai Bhagwan instituted a suit for specific performance of the agreement. The suit came to be filed immediately after the proceedings came to a terminus, no doubt, after issue of notice to the Government under Section 80, C.P.C. The conduct of the Plaintiff will also a very relevant consideration for purposes of injunction. If the innocent party asks for specific performance, that would be a form of equitable remedy. __ measuring _____ Biswas situated at _____ restraining the defendant from . Whether the suit for mandatory injunction for direction to get the agreement to sell dated 22.01.1993 registered is maintainable. Section 38 of the Specific Relief Act lays down the cases in which perpetual injunction can be . Edr. 6. In my above article, I have written the meaning of injunction in damages, specific performance, quantum meruit in detail, their meaning and impacts. It is stated in the plaint that the suit is passed on possessory title of the plaintiff and the plaintiff reserves his right to file a suit for specific performance of contract. Civil Procedure Code, 1908, Order 2, Rule 2 -- Agreement to sell - Suit for permanent injunction filed on an apprehension that vendor would alienate the land subject matter of the agreement to sell - On the date of the filing of suit for permanent injunction, respondent was not entitled to make a prayer for specific performance of the agreement . A temporary injunction or preliminary injunction is a provisional remedy granted to restrain activity on a temporary basis until the court can make final decision after trial. A mandatory injunction may have a similar effect with an order for specific performance. 49. and after expiry of 60 days time required under Section 80, C.P.C. A Mareva injunction freezes the assets of the defendant, preventing the defendant from dissipating his assets in a way that frustrates a judgment. (2000) 3 SCC 350, it has been held : "24. We have filed an application in IA No.805 of 1994 on 8.4.1994 to vacate the interim injunction granted in IA No.604 of 1994 filed by the Respondent/Plaintiff. Such a suit may be filed either instead of or in addition to a suit for damages. (D) by LRs. They may be granted at any stage of a suit. Suit for permanent injunction was based on a threat given to dispossess, cause of action for specific per-formance of agreement was based on non performance of . Before parting with this point, we would like to refer to two more rulings. No. 237-266. Whether the agreement to sell dated 22.01.1993 being unregistered document is not legally enforceable and decree for specific performance of contract cannot be passed. The remedies of specific performance and injunction are similar, but the key difference is that while an order for specific performance orders a party to do something, an injunction orders a party not to do something. On the other hand Section 37 (2) of Specific Relief Act, 1963 a perpetual injunction can only be granted by the decree made at the hearing and upon the merit of the suit. Mandatory Injunctions - Section 39 | Specific Relief Act. These injunctions are to continue until a specified time or until further order of the Court and, they may be granted at any stage of the suit and are regulated by the Code of Civil Procedure, 1908. South East, Saket Courts, New Delhi: Naresh Kumar Laka, Additional District Judge, decided a suit with respect to partition and permanent injunction. Such an injunction can be granted upon the merits of the suit . Before :- M.M.S. 0 0 Puneet Batish Advocate. Section 38 of the Act further provides the circumstances where a perpetual injunction may be granted in favour of the plaintiff in order to prevent the breach of an obligation . Baldev Raj Walia (2018) 6 SCC 733 though in relation to suits for specific performance of agreement of sale of immoveable property but unequivocally holding that the causes of action for a suit for permanent injunction and a suit for specific performance are distinct and institution of a suit for permanent injunction does not bar a subsequent . Sushil Kumar & Anr vs Ram Prakash & Ors 1988 AIR 576, 1988 SCR (2) 623 There was one difficulty for the sustainability of the suit for injunction. In a suit for specific performance an order restraining alienation of immovable property is unnecessary in view of the safeguard of s.52 of the Transfer of Property Act, but an injunction may appropriately issue in such a suit where it is shown that damages for breach of the contract would not be an adequate remedy. Bar under Order 2 Rule 2(3) CPC in suit seeking permanent injunction later Specific performance of a contract.-para26; Direct- specific performance of the contract if terms of agreement of sale proved; whether the prior proceedings have been prosecuted with due diligence , good faith.ref:under limitation Act Section 14 read with Section 5 20. Permanent Injunction: A permanent Injunction, also known by the name perpetual injunction, prohibits a party forever from doing the particular act and it can be granted only on merits at the end of the trial after hearing both parties to the suit. Suit for Mandatory Injunction maintainable for enforcing specific performance November 4, 2020 by Satish Mishra In this post we will discuss about whether we should file a case for specific performance or mandatory injunction if the other party fails to complete a transaction of an immovable property. Injunction suit will be filed if any person interfere into your possession or rights, then you have to file suit for injunction for restraing them and his men. … SUIT FOR PARTITION, PERMANENT & MANDATORY INJUNCTION Respectfully Sheweth! This . 1. Edr. Jahangir v. suit for specific performance of agreement dated 03-06-2007, declaration, possession along with permanent and mandatory injunction as well as consequential relief in respect of land measuring 9 kanal 11 marlas situated in village keet, post office mustafa abad, tehsil cantt. B.E. A major contribution of equity during its formative period prior to the Judicature Acts 1873/75 was the development of a variety of equitable remedies such as the injunction, specific performance, rectification, rescission and account. Temporary injunction can be granted under sub-section (I) of section 37 of the Specific Relief Act, 1963. The Hon'ble Supreme Court held that a plaintiff could not claim the relief of specific performance of agreement in the suit filed for permanent injunction. By looking into the facts of the case, the Supreme Court came to the conclusion that the cause of action resulting in the suit for injunction and the cause of action resulting in the suit for specific performance were different. Permanent Injunction: . 9. 10. Suit for specific performance filed on the same cause of action - Bar of Order 2, Rule 2 CPC will not be operative, the first suit on the same cause of action having been withdrawn with the leave of the Court. If you are acknowledging that he is your brother, then file a suit for partition of property. 17.1 Introduction to equitable remedies. Mandatory injunction: Section 39 of Specific Relief Act provides the court, the right to compel the performance of a specific act of the defendant, to prevent breach. The jurisdiction to grant relief in a civil suit necessarily depends on the pleadings, prayer, court fee paid, evidence let in, etc." v. Musa Dadabhai Ummer & Ors. Value of suits governed by rules made under Section 9, Suits Valuation Act—Section 8 of the Suits Valuation Act gives the general rule as stated above, but when the value of a suit for purposes of jurisdiction and Court-fees is determined by rules under Section 9 (ibid), the value as determined by the rules must be accepted. (a) suits for specific performance (b) suits for declaration (c) suits for injunctions (d) all the above. The conduct of the plaintiff . In a suit praying for permanent injunction, court grant a relief of declaration or possession. the cause of action to claim a relief of permanent injunction and the cause of action to claim a relief of specific performance of agreement are independent and one cannot include the other and. Pending a suit, the court can issue an injunction restraining the commission of any act which will involve a breach of the contract. district, lahore comprising sallam khata no.25, 26 khatooni no. The plaintiff also sought for a declaration that it was the sole and exclusive licensee and that Sholay Media be restrained by order of permanent injunction. Challenge 2. But there are other types of remedies. 13256 of 2014 on 13.04.2018. An injunction is a court order delivered in a civil trial or suit. This was known as the final outcome of a suit for declaration and injunction. Positive remedy whereas, an injunction restraining the commission of any Act which will involve a breach of contract already. Main kinds of Injunctions in contract Law span class= '' result__type '' > T Act which involve. Injunction ) were consolidated and heard together exercised judiciously and not arbitrarily will also a very consideration... 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