Specific Relief Act, 1963, Section 38 -- Permanent injunction - Suit for permanent injunction simpliciter filed by plaintiff is not maintainable in the absence of any prayer for declaration of his title especially when defendant's title has been proved by registered sale deed and her possession has been proved...........
Agreement to sell -- Refund of earnest money - Plaintiff has a registered agreement to sell in is favour and he had already paid Rs.2000 as earnest money in the year 1979 and has been litigation since last 44 years - Vendor sold the property to subsequent purchasers - Plaintiff though not entitled to relief of specific performance but subsequent purchasers directed to..........
Specific Relief Act, 1963, Section 34, 38, Power of Attorney Act, 1882, Section 2, Indian Contract Act, 1872, Section 208 -- Execution of sale deed by power of attorney holder - Plea that power of attorney was cancelled - It is to be proved not only that power of attorney was cancelled but it was also intimated - It is not proved that cancellation of power of attorney was..........
Specific Relief Act, 1963, Section 38 -- Suit for permanent injunction and for damages - Defendant without consent of plaintiff mortgaged his property with the bank and availed financial facilities - Relief of permanent injunction and grant of Rs.1,00,000/- as damages for mental agony suffered by plaintiff, upheld...........
Specific Relief Act, 1963, Section 34, 31 -- Suit for cancellation of a document or declaration of title - Plaintiff can succeed only on the strength of case set up by him and it is immaterial whether defendants have proved their case or not...........
Specific Relief Act, 1963, Section 31 -- Cancellation of gift deed - It is incumbent upon plaintiff to establish that he has a prima facie title over suit property for claiming cancellation of gift deed...........
Specific Relief Act, 1963, Section 31 -- Cancellation of gift deed - Plaintiff relying upon agreement to sell which is neither executed by owner of property nor by his power of attorney but is executed by a person, who has no authority in law to enter into an agreement to sell - Even otherwise also, agreement to sell is unregistered and in absence of registration of..........
Agreement to sell -- Specific performance - Readiness and willingness - Suit filed after three years and when there is no communication or transaction in the meanwhile - Even in the absence of a specific time limit in agreement, it can be said that plaintiff did not show his readiness and willingness to complete the transaction within reasonable time - Relief of specific..........
Agreement to sell -- Refund of advance amount - Once it is concluded that suit agreement was entered into for sale transaction and Rs.5 lakhs is paid as advance amount and relief of specific performance was denied and there is no clause in agreement for forfeiture of advance amount, it would amount to allowing defendants to unjustly enrichment to themselves if alternative..........
Agreement to sell -- Specific performance - Readiness and willingness - Readiness is the capacity to raise funds and willingness is mental attitude of plaintiff - Both go together and if same is not established on record, then relief of specific performance cannot be granted...........