Agreement to sell -- Specific performance - Plea that 18 years expired since the execution of agreement and prices increased manifold and comparative hardship to the parties be looked into and that it is not such a case in which discretionary relief for specific performance should be granted - Held, it were defendants who were in haste in unilaterally repudiating the..........
Civil Procedure Code, 1908, Order 7, Rule 3, Specific Relief Act, 1963, Section 39 -- Plaint completely lacking description of suit properties so as to identify the same - Suit for mandatory injunction to remove construction alleged to have been made by defendant - However, plaint does not contain the breadth and length of the alleged construction or survey numbers, in..........
Specific Relief Act, 1963, Section 39 -- Mandatory Injunction - Grant of - Held, if there is a contract between parties, which is either admitted or established, laying down an obligation on part of one of the parties to contract to do certain acts which Court is capable of enforcing, Court has got discretionary power to grant such an injunction to prevent breach of..........
Civil Procedure Code, 1908, Order 3, Rule 1, 2, Specific Relief Act, 1963, Section 39 -- Ad interim mandatory injunction - Grant of - Petitioner only sought enforcement of an obligation contained in lease agreement - There is no question of enforcement of lease deed by way of application for ad interim mandatory injunction brought by petitioner - Petitioner is running with..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for recovery of money - Amendment sought to include alternative relief of mandatory injunction/specific performance - Amendment changing basic nature of suit and cause of action - Held, amendment cannot be allowed...........
Specific Relief Act, 1963, Section 38, Northern India Canal and Drainage Act, 1873, Section 30G -- Forcibly digging Khal/watercourse - Grant of permanent injunction - Jurisdiction of civil Court - Held, civil Court will certainly have jurisdiction to prevent or threatened wrong - In such a situation, civil suit is not barred by S.30-G of 1873 Act - Canal Authorities can..........
Specific Relief Act, 1963, Section 12(3) -- Relinquishment - S.12(3) of the Act permits a party to an agreement to relinquish a part of the agreement which is not enforceable - However, it should be possible to identify and demarcate that part of the agreement which is not to be enforced...........
Civil Procedure Code, 1908, Order 6, Rule 17, Specific Relief Act, 1963, Section 26Plaint -- agreement to sell - Amendment sought in plaint and agreement to sell in a suit for specific performance to the effect that Gat No.459 be read instead of Gat No.159 - Held, by way of an order on an amendment application Court cannot direct amendment in the document itself -..........
Specific Relief Act, 1963, Section 26 -- Rectification of instrument - Suit for specific performance - It is permissible even in a suit for specific performance to claim relief of rectification of the instrument...........
Specific Relief Act, 1963, Section 34, 37, 38 -- Declaration and possession - Boundaries given in sale deed not correct - It is not permissible to lay a claim seeking relief of title and recovery of possession on the basis of such sale deed without seeking relief of rectification of boundaries...........
