Civil Procedure Code, 1908, Order 20, Rule 12 -- Suit for rent and possession - Right reserved to file separate suit for damages commencing from termination of tenancy - Reservation applicable only to damages as existing on date of suit - Absence of prayer for future mesne profits in plaint does not preclude Court from awarding future mesne profits in the same suit -..........
Civil Procedure Code, 1908, Order 2, Rule 2 -- First suit filed to enforce Bank guarantee - Second suit filed to claim damages for breach of contract relating to work - Second suit is not barred U.O.2.R.2 as cause of action in both the suits is distinct...........
Agreement to sell -- Suit for specific performance - Ordinary rule is that specific performance of a contract should be granted - It should be denied only when equitable considerations point to its refusal and circumstances show that damages would constitute an adequate relief. (Specific Relief Act, 1963, S20)..........
Civil Procedure Code, 1908, Section 9, Order 39, Rule 1, 2 -- Award of damages arising due to obtaining ad interim injunction and suit ultimately failing - Trial Court can award damages beyond its pecuniary jurisdiction...........
Limitation Act, 1963, Article 113 -- Suit for damages - Limitation is three years...........
Tort -- Damages - Eviction proceedings filed but could not succeed - Held, in a suit for damages the court has no jurisdiction to go into the reasoning given by the Court or Tribunal in its judgment in earlier proceedings while dismissing the cause of the defendant (petitioner in eviction proceedings) - The Court is only concerned whether the present suit for damages is..........
Suit for possession -- Plaintiff not admitting any relationship of landlord and tenant with defendants - Defendant No.1 ceased to be tenant - Defendant No.1 terminated services of defendant No.2 and informed plaintiff that defendant No.2 is no more in its service and terminated tenancy agreement on its own volition - However, defendant No.2 did not hand over vacant..........
Agreement to sell -- Suit for specific performance - Vendee always ready and willing to perform his part of contract and even agreed to pay additional amount demanded by the vendor - Breach of contract - Decree for specific performance of agreement is only relief when vendor has failed to establish that vendee can be suitably compensated by way of liquidated damages...........
Agreement to sell -- Suit for specific performance - Jurisdiction of court to pass a decree of specific performance is discretionary and this discretion is to be exercised on sound and reasonable grounds guided by the judicial principles - The jurisdiction cannot be curtailed or taken away by merely fixing a sum as damages...........
Civil Procedure Code, 1908, Order 9, Rule 11 -- Defendant failing to appear despite service of summons and did not file the written statement - Averments in the plaint deemed to be admitted - Suit for damages and mesne profits decreed...........
