Injunction -- Mandatory Injunction -- Encroachment Proved by Demarcation Report, Plaintiff Guilty of Falsehood -- Discretionary relief rightly declined, general agreement by first appellate court sufficient
(i) Specific Relief Act, 1963, Ss.37, 38, 39 -- Injunction -- Nature as Discretionary Relief -- No party can claim the relief of injunction as a matter of right, and the court has discretion to refuse grant of an injunction in suitable cases. (ii) Specific Relief Act, 1963, S.39 -- Mandatory Injunction -- Discretion Declined Despite Proof of Encroachment -- Where the conduct of the plaintiff is not fair and he resorts to falsehood, the discretionary relief of mandatory injunction may rightly be declined even where a demarcation report proves encroachment by the defendant. (iii) Civil Procedure Code, 1908, O.41 R.31 -- Judgment of First Appellate Court -- Requirement Where Findings Are Affirmed -- The first appellate court need not write a detailed judgment when affirming the findings of the trial court, and a mere general expression of agreement is sufficient.
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