Showing : 1741-1750 of 2116 Results

PUNJAB AND HARAYANA HIGH COURT
Year of decision: 1998
Details
Specific Relief Act, 1963, Section 20-- Alternative relief of damages - Cannot be construed as a waiver or abandonment of main relief of specific performance - A lawful agreement being proved and judicial conscience of Court being satisfied - Equity demands enforcement of agreement rather than granting alternative relief of damages...........
DELHI HIGH COURT
Year of decision: 1998
Details
Specific Relief Act, 1963, Section 20-- Specific performance - Concluded contract - Agreement between Bank and owner to give on lease property of owner to Bank on terms agreed and construction made as per Bank's specifications at owner's cost - Held, it is not an agreement of lease on future date but a concluded contract on date -..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 1998
Details
Specific Relief Act, 1963, Section 6, Limitation Act, 1963, Article 64-- Suit for possession on the basis of title and also prior possession - In order to defeat claim of plaintiff on the basis of prior possession - Defendant bound to prove right and title to property - Failure of defendant to prove any right or title to property - Defendant cannot legally interfere..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 1998
Details
Specific Relief Act, 1963, Section 6-- Suit u/s 6 can be maintained against true owner on the basis of possession with a condition that the possession of plaintiff was disturbed within a period of six months - Order u/s 6 is not appealable and is not to operate as a bar for another suit on the basis of title - In order to defeat the..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 1998
Details
Limitation Act, 1963, Article 64, Specific Relief Act, 1963, Section 6-- Suit for recovery of possession based on prior possession within 12 years - Maintainable - Title need not be proved by plaintiff unless defendant can prove one - Suit based on prior possession without proof of title - Maintainable against a person having no title to property...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 1998
Details
Specific Relief Act, 1963, Section 6-- Dharamshala Killanwali (Gurudwara) entered in the revenue record as owner - Father of the plaintiff was the Manager (Mohtmin) of the Dharamshala - Death of Mohtmin - Plaintiffs came in possession of the property but dispossessed by defendants - Defendants in their written statement had alleged..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 1998
Details
Specific Relief Act, 1963, Section 6-- No provision in Code of Civil Procedure providing that possession can be recovered only by a person who has a title to the property - Possession by itself a substantive right recognised by law and has legal incidents attached to it apart from ownership - Section 6 provides summary remedy to person..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 1998
Details
Specific Relief Act, 1963, Section 5-- Suit for possession claiming ownership - Source of ownership not pleaded - Subsequently Will in favour of predecessor relied upon as basis of ownership - No pleading as to execution of Will and no evidence as to age of Will available - Presumption under S.90 Evidence Act not available - Scribe,..........
ALLAHABAD HIGH COURT
Year of decision: 1998
Details
Specific Relief Act, 1963, Section 13, Transfer of Property Act, 1882, Section 55(1)(g)-- Specific performance of agreement to sell - Sale deed - Incorporation of indemnity clause in sale deed - Valid u/s 55 of Transfer of Property Act even if not provided in decree - Such clause not outside scope of sale deed though not required to be included in agreement - Under S.13 of Specific..........
SUPREME COURT OF INDIA
Year of decision: 1998
Details
Specific Relief Act, 1963, Section 20, Civil Procedure Code, 1908, Order 7, Rule 7-- Agreement to sell - Suit for specific performance - Variance between contract pleaded and contract proved - Relief on basis of contract proved but not pleaded - Cannot be permitted as that amounts to giving effect to a contract which was not the agreement between the parties according to plaintiff..........

Showing : 1741-1750 of 2116 Results