Mandatory Injunction

Querist : Anonymous (Querist) 04 July 2010 This query is : Resolved
Sir,
what are the requirement for permanent and mandatory injunction against the encroacher of land.? Does it binds both the party or only a wrong doer?
thanks

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Raj Kumar Makkad (Expert) 04 July 2010
It binds only wrong doer.

Three ingredients should co-exist:

1. Prima-facie case

2. balance of convenience

3. Irreparable loss.

Querist : Anonymous (Querist) 05 July 2010
Sir,Thanks for proper advice.
If possible, what is balance of convenience and how it can be proved.

G. ARAVINTHAN (Expert) 05 July 2010
Proof for possession

person Disturbing possession

G. ARAVINTHAN (Expert) 05 July 2010
for mandatory injunction, some change is physical appearance of property is needed

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