Specific Relief Act, 1963, Section 34 -- Suit for declaration - Sale deeds - Not bona fide - Proof - Total area of plot 4 katha 11 dhur - One of the descendants of a co-sharer who had only 1/3rd share in that plot sold entire 4 katha 10 dhur - Held, there appears to be no perversity in concurrent findings of both courts below discarding sale deeds as suspicious and not..........
Specific Relief Act, 1963, Section 34 -- Declaration suit - Alienations made by two co-sharers of their shares in favour of plaintiffs were not valid - Absence of necessary pleading regarding specification of inherited shares of plaintiffs in suit land - Held, it is difficult to grant decree in favour of plaintiffs with regard to only his share alone particularly when..........
Specific Relief Act, 1963, Section 6 -- Suit for restoration of possession - Plaintiff tenant had established his exclusive possession - Mere possession itself would not lead to presumption of tenancy - Tenant had not established whether he was tenant of premises in question or not - Tenant not entitled to relief of restoration...........
Specific Relief Act, 1963, Section 15, 20, Indian Contract Act, 1872, Section 2(g) -- Agreement to sell - Specific performance - Plaintiff did not sign agreement of sale - Held, such agreement cannot be construed as valid agreement which could be enforced in accordance with law - Since plaintiff is not at all a party to contract, she has mis-represented before Court as if..........
Civil Procedure Code, 1908, Order 2, Rule 2, Civil Procedure Code, 1908, Order 2, Rule 2, Civil Procedure Code, 1908, Order 23, Rule 1 - - Bar of suit U.O.2.R.2 - Suit for permanent injunction, restraining defendants from alienating suit property to any third parties, reserving her right to file suit for specific performance - Held, plaintiff does not have such power to..........
Specific Relief Act, 1963, Section 16(c) -- Readiness and willingness - Held, plea of readiness and willingness is to be determined having regard to entire attending circumstances - Mere averment in plaint or in chief-examination that plaintiff is ready and willing to perform his part of contract is not at all sufficient and his conduct must be judged having regard to..........
Specific Relief Act, 1963, Section 20 -- Specific performance - Held, mere acceptance of receipt of money by defendant will not give any entitlement to plaintiff to have relief of specific performance in her favour...........
Court Fees Act, 1870, Section 7(iv)(c), Specific Relief Act, 1963, Section 34 -- Declaratory suit - Ad valorem court fee - Payment of - Plaintiff pleaded that he did not execute sale deed, but he sought declaration regarding entire sale deed being invalid - Held, plaintiff is liable to pay ad valorem court fee on entire sale consideration recited in sale deed - However, if..........
Civil Procedure Code, 1908, Order 6, Rule 17, Specific Relief Act, 1963, Section 38 -- Suit for injunction and possession - Amendment of plaint - Application for - Nature of suit does not change at all if amendment sought is allowed to be incorporated - Plaintiffs still claim to be owners in possession of suit and - Basis of their case also does not change - They continue..........
Agreement to sell -- Specific performance - Relief of specific performance cannot be denied merely on the ground that prices have arisen during the pendency of litigation...........
