Specific Relief Act, 1963, Section 28 -- Rescission of contract - Execution Court permitted DH to deposit balance consideration even after expiry of period fixed by trial court decree - Deposit was permitted just to test the bona fides of DH in pursuing execution - By permitting DH to make deposit to show his bona fides, Court did not foreclose right of JD to seek..........
Specific Relief Act, 1963, Section 28 -- Decree for specific performance - Principles guiding the exercise of power u/s 28 of the Act are : (i) decree for specific performance of a contract is in the nature of a preliminary decree and therefore, till deed is executed pursuant to decree, Court that passed the decree is vested with jurisdiction to either rescind the..........
Civil Procedure Code, 1908, Order 21, Rule 35 -- Execution - Decree for specific performance - Delivery of possession - Possession is a natural and consequential relief flowing from a decree for specific performance - Executing Court can grant such ancillary reliefs to make decree effective...........
Specific Relief Act, 1963, Section 37, 38, 39 -- Injunction - No party can claim relief of injunction as a matter of right and Court has discretion to refuse grant of an injunction in suitable cases...........
Specific Relief Act, 1963, Section 39 -- Mandatory injunction - Encroachment - Conduct of plaintiff not fair and he resorted to falsehood - Discretionary relief of mandatory injunction rightly declined even when demarcation report proved encroachment by defendant...........
Agreement to sell -- Specific performance - Ready and willing - Application submitted to Sub-Registrar that plaintiff has come prepared with necessary funds - Application with stamp of office of Sub Registrar is duly proved by evidence of PW1 - Mere fact that plaintiff has not proved signatures of Sub-Registrar is not sufficient to belie said document when submission of..........
Specific Relief Act, 1963, Section 31 -- Cancellation of document - If any right is transferred vide a written document, revocation of such document also has to be in writing and such revocation/cancellation ought to be brought to the notice of the party in whose favour right was sought to be transferred...........
Specific Relief Act, 1963, Section 34 -- Suit for declaration of title and possession - Mere fact that defendant had effected mutation over suit property is not a ground to deny the relief to plaintiff, particularly when mutation was effected without prior notice to plaintiff...........
Agreement to sell -- Specific performance - Unclean hands - Material facts, having bearing on the agreement, withheld in agreement itself and from Court also - Plaintiff approaching Court with unclean hands is not entitled to relief of specific performance...........
Agreement to sell -- Specific performance - Defendant stated that from the very beginning sale agreement was executed by way of security for a loan of Rs.6,00,000 advanced by plaintiff to defendant and the same was clearly reflected as recited in MOU - Documents were purchased from same stamp vendor - Witnesses to documents were also one and same - All these would..........
