Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Suit for declaration and specific performance - Once it appears from material on record that lease agreement between parties is determinable in its nature, in the face of provisions contained in S.14(d) of Specific Relief Act no specific performance of contract of lease agreement can be granted by..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for declaration, specific performance, possession and for permanent injunction - Suit property in respect of which plaintiff and defendant no.1 had made agreement is different property and not property as claimed by defendant Nos.12 & 13 - There is no necessity of giving any further explanation as..........
Specific Relief Act, 1963, Section 19(b) -- Bona fide purchaser - Suit for declaration of title - Decree for specific performance obtained by plaintiff in earlier suit behind the back of a bona fide purchaser, as transaction had taken place prior to institution of suit for specific performance - Plaintiff had knowledge of transaction with respect to suit land between third..........
Registration Act, 1908, Section 17, 49, Stamp Act, 1899, Section 35 -- Unregistered and unstamped sale agreement - Suit for recovery of money advanced under sale agreement - As suit is not for specific performance of contract or declaration of title as such agreement can be considered in evidence for collateral purpose, though it is unstamped and unregistered agreement...........
Agreement to sell -- Suit for declaration, possession of suit property by way of specific performance of agreement to sell and for grant of decree of permanent injunction - Privity of contract - There is no agreement between `A' and `K' and `H' - However, owner of property is `P' who admittedly entered into oral agreement with `A' - Further, `A' does not dispute that he..........
Agreement to sell -- Specific performance - - Readiness and willingness - Appellant is tenant of suit property and agreed to purchase it as per agreement - However, respondent landlord denied the same - No evidence was produced by tenant to show his readiness and willingness to perform the contract - On the contrary, when owner denied appellant's claim of tenancy, he just..........
Agreement to sell -- Specific performance - Plea that suit is not maintainable in absence of seeking declaration of cancellation/termination of contract as agreement stood cancelled as plaintiff failed to perform his part of contract - Held, plea is not tenable when it is not plaintiff but defendants, who have failed to perform their part of the contract...........
Agreement to sell -- Specific performance - Plea that suit is not maintainable without seeking declaration of cancellation/termination of contract - Plea not tenable in absence of such a pleading - Had the defendants taken this objection at the first instance, while filing written statement, plaintiff would get an opportunity to amend the plaint and challenge the..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for injunction and declaration - Amendment sought to incorporate relief of specific performance - Plaintiffs relied upon agreement of sale and claiming right over suit property on basis of said agreement - Indirectly and implicitly, plaintiffs asked for specific performance of contract itself, as..........
Rajasthan Court Fees and Suit Valuation Act, 1961, Section 6(1), Specific Relief Act, 1963, Section 10 -- Court fees - Ancillary reliefs - Specific performance of contract sought as main relief - Reliefs of declaration and permanent injunction ancillary or consequential to main relief - No separate Court fee is required to be paid in respect of ancillary reliefs...........
