Agreement to sell -- Specific performance - Refund of earnest money - Even when alternative prayer is made in a suit the same cannot be construed to be a waiver or abandonment of his main claim...........
Agreement to sell -- Specific performance - Grant of relief of specific performance - Law as to : (1) Even when alternative prayer is made in a suit the same cannot be construed to be a waiver or abandonment of his main claim; (2) Mere lapse of time and inadequate consideration on that count are no grounds to exercise discretion u/s 20 of Specific Relief Act; (3) Once the..........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Encroachment and construction during pendency of suit - Plaintiff is not under an obligation to seek further relief of demolition and removal of encroachment - Court has to look into situation as it was on the date of institution of suit and for subsequent events specific relief is not required to be added in..........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Encroachment and construction during pendency of suit - Compensation - Once plaintiff proves his case regarding ownership and entitlement for restoration of his possession against wishes of plaintiff, it would be wholly unjust and inequitable to deny him appropriate adequate relief of restoration/of possession..........
Specific Relief Act, 1963, Section 28(1) -- Extension of time - Deposit of balance sale consideration - Suit for specific performance decreed in favour of purchaser with direction to deposit the balance sale amount within one month failing which suit would be deemed to be dismissed - Purchaser failed to deposit the amount within the said period and further two months time..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for specific performance - Subsequent transferees having express or implied notice and knowledge of suit agreement, can be impleaded as a party though issue for decision in the pending suit need not be enlarged beyond the scope of decision as to enforceability of suit agreement according to law -..........
Civil Procedure Code, 1908, Order 8, Rule 5 -- Written statement - Commission of fraud - Mere failure on the part of defendant to contest the suit by entering appearance, cannot be held that he is deemed to have admitted the fact made in plaint - Law requires fraud to be specifically pleaded and proved and it is for plaintiff to establish commission of fraud independently...........
Agreement to sell -- Specific performance - Agreement to sell does not require compulsory registration for seeking relief of specific performance - Suit for specific performance based on unregistered agreement to sell accompanied by delivery of possession or executed in favour of a person who is already in possession is not barred by S.17(1-A) of the Registration Act...........
Specific Relief Act, 1963, Section 15(a) -- Suit for specific performance can be filed by "any party" to contract...........
Conversion Scheme -- Clause 13 - Conversion from leasehold property to freehold property - Respondent neither a power of attorney holder nor a holder of agreement to sell - Conversion on the basis of decree for specific performance which decree is a collusive one and the same cannot confer any right upon respondent to claim conversion - Respondent does not fall within..........
