Anisuddin And Anr vs Delhi Development Authority And Ors on 28 January, 2026
IN THE
that Section 14 SRA is not a bar
to grant injunction to perform negative covenant and
injunction can be granted for illegal termination ... which would not be specifically enforced, the granting of
an injunction to perform a negative covenant. Thus, the
power to grant injunctions
that Section 14 SRA is not a bar
to grant injunction to perform negative covenant and
injunction can be granted for illegal termination ... which would not be specifically enforced, the granting of
an injunction to perform a negative covenant. Thus, the
power to grant injunctions
injunction and
mandatory injunction, and has accordingly affixed a fixed court fee.
The claim is that the nature of the suit is simpliciter for injunction ... same. This relief goes beyond a mere negative injunction and
seeks affirmative rights over the land. The land in question, as per the
defence, forms
founded as the said section talks about the injunction to
perform negative agreements. The Section is reproduced here
under for perusal:
" Section 42 . Injunction ... affirmative
agreement shall not preclude it from granting an injunction to
perform the negative agreement:
RCA no.25/18 Om Prakash Tyagi Through
defendant are unregistered documents. The
defendant has also sought the negative injunction that plaintiff is not the
owner of the suit property which cannot
also settled principle that the court should not grant mandatory
injunction in negative form. In the present suit, plaintiff is seeking relief that the
defendant ... Bhushan Tyagi Page No. 6/7
seeking the relief of mandatory injunction in negative form which is not
permissible in law.
In view
Shankar Golikari (supra),
CS No. 61294/2016 12 of page no. 15
negative covenants operate during the period of the contract of
employment when ... explained that the Courts have a wide discretion to enforce by injunction
a negative covenant and will enforce the same where it is necessary
held that
the courts have wide discretion to enforce injunction in a negative
covenant.
b. He also relies on Gujarat Bottling Company Vs. Coca Cola ... made clear that there is a wide discretion to grant injunction in a
negative covenant. Here the Hon' Supreme Court was dealing with
Whether the plaintiff is entitled to get a decree of mandatory
injunction against the defendants as prayed? (OPP)
2. Relief.
7. The testimony of plaintiff ... from M/s Mehra Finance Ltd., would tentamount to overriding
and negating the injunction order passed in Suit No. 436/97. Ld. Trial court
observed