Showing : 1701-1710 of 2236 Results

PUNJAB AND HARYANA HIGH COURT
Year of decision: 2000
Details
Specific Relief Act, 1963, Section 34-- Lease of ancestral property for 99 years without legal necessity - Suit for declaration that lease is invalid without claiming relief of possession - Held, relief of possession will be consequential - The property reverts back to the coparcenary headed by the alienee - Suit only for declaration is..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2000
Details
Agreement to sell-- Suit for specific performance - `Ready and willing' - Pleading - Plaintiff pleaded that defendant was requested to complete the sale deed of the suit land and accept the balance sale price but defendant refused to do so, day before yesterday, hence this suit' - It amounts to sufficient averments..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2000
Details
Specific Relief Act, 1963, Section 37, 38-- Trespasser - Possession of plaintiff on the date of institution of suit was not that of a tenant but was unauthorised - Held, plaintiff cannot claim permanent injunction against the defendant...........
MADHYA PRADESH HIGH COURT
Year of decision: 2000
Details
Specific Relief Act, 1963, Section 19(b)-- Bonafide purchaser for consideration without notice - Such defence is available in a suit for specific performance of contract but not in a case where the plaintiff claims title in himself and files a suit for possession...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 1999
Details
Specific Relief Act, 1963, Section 5-- Trespasser - Adverse possession - A true owner with his subsisting title is always entitled to maintain suit for recovery of possession against a trespasser - If owner's title is reflected in the column of ownership, person in unauthorised possession has no right to claim absolute ownership on the..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 1999
Details
Civil Procedure Code, 1908, Order 6, Rule 17, Specific Relief Act, 1963, Section 12-- Plaint - Amendment - Suit for specific performance - By way of amendment plaintiff claiming 5/7 share instead of 7/7 share and ready to pay the consideration for whole of the contract - Plaintiff thus has not changed any cause of action nor taken away any valuable right of the defendant - Party..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 1999
Details
Specific Relief Act, 1963, Section 37, 38-- Site plan - Sanctioned by Municipal Committee - It does not give rise to presumption that the site belongs to a particular person - If plaintiff fails to establish the acquisition of title with respect to the site in dispute and has managed the sanction of the site plan by wrong representation,..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 1999
Details
Specific Relief Act, 1963, Section 34, 37, 38-- Suit for declaration regarding owner in possession and permanent injunction - Sale deed not registered - Plaintiff got possession under oral sale which is not proved legally - Their possession was permissive and established on the date of institution of suit - First Appellate Court dismissed the..........
SUPREME COURT OF INDIA
Year of decision: 1999
Details
Specific Relief Act, 1963, Section 20-- Suit for specific performance of agreement to sell - Sale agreement signed by Karta on behalf of HUF and also as power of attorney holder of other member defendants - No significance could be attached to power of attorney so as to deny relief of Specific Performance when sale agreement was proved..........
SUPREME COURT OF INDIA
Year of decision: 1999
Details
Specific Relief Act, 1963, Section 10, 11, 20-- Suit for specific performance of agreement to sell - Karta entering into sale agreement receiving earnest money - Finding of lower Courts that sale was for legal necessity meeting debts of firm - Specific performance ordered excepting 1/5th share of one of coparceners - Plea that all defendants..........

Showing : 1701-1710 of 2236 Results