Specific Relief Act, 1963, Section 38 -- Permanent injunction - Plaintiff filed the suit without disclosing the fact that earlier suit for permanent injunction regarding same property was filed by defendant against plaintiff and his sons which was pending - He has not come to Court with clean hands - Plaintiff not entitled to injunction against defendants...........
Specific Relief Act, 1963, Section 38 -- Suit for permanent injunction - Except the oral testimony, plaintiff has failed to prove any document to prove her possession on suit property - On the other hand in jamabandis defendant has been shown as owner in possession - Dismissal of suit calls for no interference...........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Relief of permanent injunction can be granted only if the property is clearly identifiable so that there remains no dispute after grant of relief of permanent injunction...........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration of ownership and permanent injunction - Plea of non est factum - Plaintiffs claimed to be absolute owners thereby denying not only correctness of Power of Attorney in favour of defendant but also subsequent execution of sale deeds by Attorney - Defendant transferred the property in favour of his father and..........
Agreement to sell -- Specific performance - As long as version put forth by plaintiff, even if it is false, if does not lead to any injustice, plaintiff is entitled to the relief prayed for - If falsity impinges on the essential ingredients, then only it affects the plaintiff's case...........
Agreement to sell -- Specific performance - Readiness and willingness - Plaintiffs were ready and willing to perform their part of the contract and they have proved the same satisfactorily - Held, plaintiff are entitled to the relief of specific performance...........
Specific Relief Act, 1963, Section 39 -- Mandatory injunction - Encroachment of public roads or public road margins - A person can always seek relief of removal of encroachments, by way of mandatory injunction, in case where encroachments take place on public roads or public road margins...........
Agreement to sell -- Specific performance - An equitable relief - Depends on conduct of parties...........
Agreement to sell -- Specific performance - Conduct of parties - Plaintiff chasing the defendant to execute sale deed - It is a relevant fact to grant relief of specific performance...........
Agreement to sell -- Specific performance - Grant of decree of specific performance - It is desirable to give reasons but not imperative so long as it is evident to any superior Court hearing an appeal that direction to grant specific performance is based on relevant considerations borne out from the record - Absence of reasons would not vitiate the decree. (Specific..........
