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AMIT BANSAL
NAS – Appellant
Versus
Delhi Guest House Services Private Limited – Respondent
JUDGMENT :
AMIT BANSAL, J.
I.A. 3797/2020(u/O-XXXIX R-1 & 2 of CPC), I.A. 3804/2020 (u/OXXXIX R-1 & 2 of CPC) and I.A. 4683/2021(O-XXXIX R-4 of CPC)
1. By way of the present judgment, I shall decide the applications filed on behalf of the plaintiff under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure, 1908 (CPC) seeking interim injunction against the defendants and the application filed on behalf of the defendant no.1 under Order XXXIX Rule 4 of the CPC.
2. The present suit has been filed seeking relief of perpetual/permanent injunction restraining the defendants from dispossessing the plaintiff and interfering with the peaceful and continuous enjoyment and possession of the plaintiff in respect of the property situated at 15, Dr. A.P.J. Abdul Kalam Road, New Delhi–110011 and other ancillary reliefs.
3. Vide order dated 4th May, 2020, while issuing summons in the suit, the defendants were directed to maintain status quo with respect to possession and ownership of the properties bearing no. 15, Dr. A.P.J. Abdul Kalam Road and 2 Rajesh Pilot Lane as well as with respect to all services and facilities being presently provided to the plaintiff in and in relation to the plaintiff’s
The court held that a prima facie case was made out on behalf of the plaintiff to continue to occupy the portion of the suit property occupied by her, that the rights of the plaintiff in respect of t....
The main legal point established in the judgment is that the validity of a property transaction during the pendency of a suit is subject to the outcome of the suit, and the Court may grant injunction....
Trust properties cannot be alienated by a trustee without specific authority, and mere revenue entries do not confer ownership rights against trust interests.
The main legal point established in the judgment is the court's authority to appoint a Receiver for a property dispute, based on the failure of the Defendant to substantiate his claim and the wastage....
The court emphasized the importance of clear, unambiguous, and unconditional admissions for the exercise of discretion under Order XII Rule 6 of the CPC and highlighted the principle that possession ....
The court ruled that a plaintiff’s limited interest in property, dictated by the will, cannot be construed as absolute ownership; undue influence invalidates share transfers.
The main legal point established in the judgment is that the suit was maintainable under the Indian Trusts Act, as the defendant failed to prove the absence of a jural relationship between the partie....
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