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...........
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..........
