Specific Relief Act, 1963, Section 28 -- Agreement to sell of property under mortgage - Plaintiff even knowing this fact filed suit for specific performance - It was not his case that he will get the sale deed executed only after redemption of mortgage - Court while passing conditional decree granted 3 months time to deposit the balance sale consideration - Decree holder..........
Specific Relief Act, 1963, Section 38 -- Suit for permanent injunction simplicitor - Without seeking relief of declaration regarding title/ownership would not be maintainable, if dispute of title/ownership is in issue...........
Agreement to sell -- Specific performance - Relief of specific performance cannot be granted against a person compelling him to enter into an agreement with a third party and seek specific relief against such a third party...........
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 6, Rule 17, Specific Relief Act, 1963, Section 21 -- Impleadment of a party - Limitation - When there is bonafide mistake done in good faith, matter relates back to original date of filing of suit and impleadment of parties to suit cannot be refused on the ground of limitation...........
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 6, Rule 17, Specific Relief Act, 1963, Section 21 -- Impleadment of a party - Amendment of plaint - Suit for specific performance - Petitioners are necessary parties to suit and due to bona fide mistake they were not named in the suit - However, trial Court dismissed the application for..........
Specific Relief Act, 1963, Section 20, Indian Contract Act, 1872, Section 18, 19 -- Agreement to sell - Suit for specific performance - Document obtained by misrepresentation is voidable and has to be set aside - Failure to do would render decree of specific performance on basis of oral agreement to sell will be null and void and non est...........
Civil Procedure Code, 1908, Order 6, Rule 17, Specific Relief Act, 1963, Section 21(5) -- Amendment of plaint - Suit for specific performance - Relief of compensation - When relief of compensation is either not claimed or when such relief claimed but plaintiff seeks amendment in the same - Plaintiff can seek permission of Court to introduce such relief by way of amendment...........
Specific Relief Act, 1963, Section 37, 38 -- Permanent injunction - Plaintiff not in possession of suit plot on date of institution of suit - It was defendant who was in possession - Claim of ownership of plaintiff disputed and denied by defendants as such has come under clouds - Simplicitor suit for injunction not liable to succeed - Suit rightly dismissed...........
Specific Relief Act, 1963, Section 10 -- (As amended) - Amended provision of S.10 Specific Relief Act - Amendment is prospective and does not apply to those transactions that took place prior to its coming into force...........
Agreement to sell -- Specific performance - Contract was breached due to conduct of purchaser who was not willing to perform contract after entering into a time sensitive agreement - Claim of purchaser is thus, hit by delay and latches on their part as they did not take appropriate measures within stipulated time and filing of suit was delayed by almost five years -..........
