Law: Civil Procedure Code (V of 1908)

Section: 91,115

Law: Civil Procedure Code (V of 1908)

Section: 91,115

Law: Transfer of Property Act, 1882

Section: 10,11

Law:

Section: 181(2),286

(a) Cantonments Act (II of 1924)-------S. 181(2)---Cantonments Rent Restriction Act (XI of 1963), S.14---Transfer of Property Act (IV of 1882), Ss.10 & 11---Specific Relief Act (I of 1877), S.54---Suit for permanent injunction---Approved Housing Scheme in Cantonment---Transfer of residential plot in such scheme by Cantonment Board in favour of original allottee through sale-deed containing restriction on its use for commercial purposes---Transfer of such plot to defendant by original allottee through sale-deed waving such restriction placed on its use without getting sanction from Cantonment Board---Sanctioning of mutation and site plan by Cantonment Board for construction of private school on such plot by defendant---Plaintiff being resident of such Housing Scheme prayed in her suit to restrain defendant from raising commercial building on such plot---Validity---Bylaw (No.27) restricted Cantonment Board to approve any site plan in violation of an approved Housing Scheme---Section 14 of Cantonments Rent Restriction Act, 1963 restricted conversion of residential building into commercial building or vice versa except with permission in writing of Controller of Rents---Residential plot/building could not be converted into commercial building without observing prescribed legal formalities or getting permission from concerned authorities/courts---Sanctioning of mutation or site plan in violation of Bylaws would not inject legality into unauthorized action---Original allottee being a private vendee could not change Bylaws or remove clog himself on his use of such plot---Sections 10 and 11 of Transfer of Property Act, 1882 related to conditions/ limitations absolutely restraining transferee from parting with or disposing of his interest in property i.e. use of plot for residential purposes---Restrictions as envisaged in Ss.10 & 11 of Cantonments Act, 1924 were not imposed on rights of original allottee---Clog created regarding conversion of use of such plot could not be adjudged by invoking provisions of Ss.10 & 11 of the Act---Original allottee could legally transfer only the interest held by him in such plot, but none else---Original allottee could not…

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