Rent and eviction -- Sub-letting - Tenant assigned his business in the leased premises in favour of sub-tenant by executing assignment agreement and also received earnest money - Very act of execution of document was sufficient in itself to complete breach of lease condition and statutory mandate and did not require anything further - Breach being complete on his part..........
Civil Procedure Code, 1908, Order 7, Rule 11(d), Limitation Act, 1963, Article 54 -- Rejection of plaint - Barred by limitation - Suit for specific performance - Cause of action to file suit arose on the date when registered sale deed is executed in favour of defendant through Court proceedings - Prior to said date defendant himself was not having any title to suit..........
Specific Relief Act, 1963, Section 28 -- Decree of specific performance - Recession of contract - Direction issued to JD to execute the sale deed within two months - DH was bound to make payment at any time within period of two months if JD had so approached to him with an offer of execution of sale - However, no direction issued to DH to deposit money with Court to make..........
Civil Procedure Code, 1908, Section 148, Specific Relief Act, 1963, Section 28 -- Decree of specific performance - Extension of time to deposit balance sale consideration - Delay of 853 days in filing application - No sufficient explanation given for delay in filing application for extension of time - Nothing on record to show that in between any notice was given to..........
Registration Act, 1908, Section 17 -- Agreement to sell - Suit for specific performance - Plea that agreement is not registered even when possession was delivered at the time of execution of agreement - There is finding of fact recorded by both the Courts below that possession of property was not delivered to plaintiff - No ground to disturb the factual finding...........
Agreement to sell -- Specific performance - Joint property - Agreement executed by defendant and his brother and accepted earnest money jointly - Acceptance of part of sale consideration by one of them subsequently - Cannot be said to be in that person's individual capacity - It will bind both of them - They two are not separate legal entities - No overt act on part of..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for specific performance filed by plaintiffs regarding land which was going to be allotted in acquisition proceedings as a compensation - Provision of S.42 of Rajasthan Tenancy Act is not applicable in the proceedings - Application U.O.7.R.11 CPC rightly dismissed...........
Agreement to sell -- Specific performance - Readiness and willingness - There must be clear and unambiguous proof of a notice as required u/s 16(c) of Specific Relief Act and Forms 47 & 48 of Appendix A of CPC, 1908 - In the instant case plaintiff did not give any notice to defendant of execution of sale deed - Suit for specific performance fails - Defendant shall return..........
Agreement to sell -- Specific performance - Grant of alternative relief of refund of earnest money - Such relief can only be granted if there is prayer for such relief either at the time of filing of suit or by way of amendment - Prayer clause is a sine qua non for grant of decree of refund of earnest money. (Specific Relief Act, 1963, S.22)...........
Civil Procedure Code, 1908, Order 6, Rule 17, Specific Relief Act, 1963, Section 22 -- Amendment of plaint to seek alternative relief of earnest money in a suit for specific performance - Court is vested with wide judicial discretion to permit plaintiff to amend plaint even at a later stage of the proceeding to seek alternative relief of refund of earnest money...........
