Showing : 231-240 of 267 Results

PUNJAB AND HARYANA HIGH COURT
Year of decision: 1999
Details
Civil Procedure Code, 1908, Order 2, Rule 2-- Agreement to sell - Sale deed to be executed on or before 20.9.1988 - Injunction suit filed prior to accrual of cause of action for filing suit for specific performance - Suit for specific performance is not barred U.O.2.R.2 as the cause of action of the injunction suit is totally different and..........
SUPREME COURT OF INDIA
Year of decision: 1999
Details
Specific Relief Act, Section 38, 39, 3, 10, 14, 16-- Provisions of Specific Relief Act and Registration Act may to a certain extent cover the same field but one will not supersede the other - Suit for specific performance is of a wider amplitude and is primarily for enforcement of a contract and other consequential or further relief - Comprehensive..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 1999
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Temporary injunction - Agreement to sell - Pursuant to agreement to sell vendee put into possession - Restraining interference in cultivating possession - No legal right vests in the plaintiff qua the property in dispute - No irreparable loss or injury is to be caused to the plaintiff if interim..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 1999
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Interim injunction against co-sharers in a suit for permanent injunction by prospective vendee claiming that possession of disputed property given to him on the basis of agreement to sell - Land jointly owned by co-sharers - Agreement nowhere depicts specific Killa numbers over which plaintiff put..........
DELHI HIGH COURT
Year of decision: 1999
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Suit for specific performance - Ad interim injunction restraining defendant from selling, alienating and or parting with possession of the suit property - Verbal agreement to sell for an amount of Rs.50 lacs - It is unbelievable that no document would be executed by the parties - It is also..........
SUPREME COURT OF INDIA
Year of decision: 1999
Details
Transfer of Property Act, 1882, Section 105, 107-- Lease or licence - `Rent' is not decisive of relationship between parties - Intention of the parties at the time of entering into agreement is relevant factor - Suit filed for eviction on ground respondent was induced into possession as licensee and licence stood terminated - Respondent's plea..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 1999
Details
Specific Relief Act, 1963, Section 34-- Suit for declaration that plaintiff is the owner in possession of suit property - Sale deed in favour of defendant No.1 executed by defendant No.2 is illegal, void and does not confer any right - Agreement to sell executed by plaintiff in favour of defendant No.1 - Signatures admitted - When..........
KARNATAKA HIGH COURT
Year of decision: 1999
Details
Agreement to sell-- Suit for specific performance - Transferee put in possession on payment of full consideration amount - Sale deed to be executed within 5 years from date of agreement - Death of transferor within said 5 years and notice for eviction served on transferee by L.R's of transferor - Suit for specific..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 1998
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of plaint to seek specific performance of agreement to sell in a suit for recovery of amount paid under agreement as earnest money with interest - Cannot be allowed - Plaintiff having filed a suit only for recovery of money and for interest thereon precluded to convert that suit on a..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 1998
Details
Civil Procedure Code, 1908, Order 1, Rule 10-- Impleadment as party - Basic principle - Applicant must be a necessary or proper party to proceedings and in whose absence Court cannot effectively decide and determine the matters in controversy - Plaintiff dominus litus of proceedings and he cannot be compelled to contest against a party against..........

Showing : 231-240 of 267 Results