Agreement to sell -- Specific performance - Ready and willing - Mere presence of plaintiff before Sub Registrar may lead Court to infer willingness of plaintiff but it does not prove his readiness - In order to prove his readiness, plaintiff was required to prove that he possessed financial competency on appointed date i.e., to perform his part - Ingredients of S.16(c) of..........
Specific Relief Act, 1963, Section 38, 39 -- Suit for permanent and mandatory injunction - Restraining defendant from alienating plot allotted in lieu of acquisition of land - Agreement of sale executed between plaintiff and respondent and during subsistence of said arrangement, land in question came under acquisition and land vested in State - Once acquisition machinery..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Co-sharers - Co-owner in exclusive possession of a specific portion of joint land is entitled to seek protection against interference by other co-sharers and that no co-sharer has right to alter or change the nature of portion under exclusive possession of another - Application rightly allowed...........
Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - Petitioners have instituted two civil suits seeking specific performance of distinct agreement to sell pertaining to two separate portions of property in question - Whereas respondents during pendency of said suits seeking possession of same premises filed eviction petition before Rent Tribunal - Questions..........
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..........
Co-sharer -- Injunction - Co-sharer in physical possession of a specific portion of joint land, whose possession is admitted, cannot be restrained from raising construction thereupon - However, any construction raised by the respondents over their exclusive portion, shall remain subject to the final outcome of the partition proceedings...........
Specific Relief Act, 1963, Section 31 -- Cancellation of settlement deed - Unilateral cancellation of settlement deed by way of a revocation deed would not be permissible - Registration of such a document is equally impermissible...........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - When main relief of cancellation of sale deed of disputed property is not granted to plaintiff, then even consequential relief of permanent injunction cannot be granted to him against true owner of disputed property, who has acquired its ownership on the basis of said sale deed...........
Specific Relief Act, 1963, Section 31 -- Cancellation of sale deed - Where sale has been completed and title of property has been transferred in favour of transferee, even if full sale consideration has not been paid by transferee to transferor, sale deed cannot be cancelled by Court - In such a situation, transferor can file a suit for recovery of balance sale..........
Specific Relief Act, 1963, Section 38, 39 -- Co-owners - Suit for permanent or mandatory injunction - Not maintainable against another co-owner, notwithstanding the fact that different co-owners may be in a separate actual possession of distinct portions - In such circumstances, the only appropriate and legally permissible course open to plaintiff was to seek partition of..........
