Specific Relief Act, 1963, Section 16(1)(c) -- Specific performance of contract - Readiness and willingness - Proof - Apart from self serving statement of plaintiff, there is no material whatever produced to substantiate the same that he had capacity to pay balance amount of Rs.12,73,000/- - Defendants stated in their examination-in-chief that plaintiff was not ready and..........
Civil Procedure Code, 1908, Section 34, Specific Relief Act, 1963, Section 16 -- Suit for specific performance - Interest - Effective date of payment - Trail Court having held that plaintiff is not entitled to relief of specific performance has ordered refund of Rs.9,55,000/- with interest at 6% p.a. from the date of suit till the date of realization - Held, interest ought..........
Agreement to sell, Specific Relief Act, 1963, Section 16(c) -- Specific performance - Ready and willing - Must be pleaded but may be in any form - Compliance of readiness and willingness has to be in spirit and substance and not in letter and form. (Specific Relief Act, 1963, S.16(c)...........
Agreement to sell, Specific Relief Act, 1963, Section 16(c) -- S.16(c) of Specific Relief Act do not bar the institution of the suit - It is only a personal bar against the plaintiff to a relief for specific performance of a contract...........
Agreement to sell -- Specific performance - Relief of - In urban area value of property escalates very fast - Held, it would not be equitable to grant specific performance after a lapse of long period of time...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Order 6, Rule 1, 2, Specific Relief Act, 1963, Section 37, 38, 39 -- Practice and procedure - Injunction - Grant of - Clarity in pleadings - Held, it is one of fundamental principles of jurisprudence that litigants must observe total clarity and candour in their pleadings and especially when it..........
Civil Procedure Code, 1908, Order 7, Rule 10, Specific Relief Act, 1963, Section 20 -- Return of plaint - Held, a "suit for land" is a suit in which the relief claimed relates to title to or delivery of possession of land or immovable property - Whether a suit as a "suit for land" or not has to be determined on the averments in the plaint with reference to the reliefs..........
Civil Procedure Code, 1908, Order 47, Rule 1, Specific Relief Act, 1963, Section 20 -- Review - Decree of specific performance for non filing of written statement - Review sought on the ground that in absence of agreement to sell no decree for specific performance can be passed - Held, no evidence was led and thus agreement to sell was not exhibited - However, the salient..........
Specific Relief Act, 1963, Section 38 -- Suit for injunction - Restraining defendants from obstructing peaceful possession of suit property - Entry in register of Panchayat that defendant purchased suit property from its owner whose name was entered as owner in the register - Defendant acquired title on the basis of sale deed - Principle that possession follows title,..........
Specific Relief Act, 1963, Section 34, 38 -- Simpliciter suit for declaration - Maintainability of - Plaintiff not claiming possession of suit land - Since suit land allotted to plaintiff is in possession of State Government therefore, plaintiff was required to file suit for possession along with declaration - Therefore, simple suit for declaration not maintainable...........
