Wednesday, October 27, 2010

INJUNCTION SUITS -PART 3

OBLIGATIONS FROM CONTRACT - SPECIFIC PERFORMANCE OF CONTRACT ETC., INVASION - THE DEFENDANT UNNECESSARILY WITHOUT HAVING VALID TITLE OR POSSESSION OVER THE PROPERTY OF THE PLAINTIFF, TRIED TO DISPOSSESS THE PLAINTIFF. INESTIMABLE DAMAGES OR NO PROPER METHOD FOR ASSESSING DAMAGE. IF THE DEFENDANT TRIED TO DEMOLISH THE TOMBS OF THE PLAINTIFFS ANCESTORS ETC., AVOID MULTIPLE PROCEEDINGS,- IF RELIEF NOT GRANTED, THE PLAINTIFF WOULD BE DISPOSSESSED FROM THE PROPERTY AGAIN HE HAS TO FILE A SUIT FOR RECOVERY OF POSSESSION ETC., THESE ARE THE MAIN GROUNDS FOR GRANTING PERPETUAL -PERMANENT INJUNCTION BY THE HON'BLE COURT. QUALITIES OF THE PLAINTIFF :- THE PLAINTIFF MUST BE HONEST AND MUST POSSESS VALID RIGHT AND TITLE AND POSSESSION OVER THE DISPUTED SUBJECT MATTER. THE DEFENDANT IS ONLY AT FAULT AND THE DEFENDANT FOR NO JUSTIFIABLE REASON CAUSING OBSTRUCTIONS FROM THE ENJOYING THE FRUITS OF HIS SUBJECT MATTER. THEN THE ONLY AS IT IS DISCRETIONARY POWER, THE COURT WOULD EXERCISE HIS POWER INFAVOUR OF PLAINTIFF. OTHER WISE NOT.