Specific Relief Act, 1963, Section 38, 41 -- Suit for injunction - Maintainability - Long possession raises presumption of title in favour of plaintiffs - Plaintiffs in long possession, not by trespass - Suit maintainable even if plaintiffs fail to prove their title - Lower Court fell in error in ignoring material evidence of plaintiff's possession - Suit decreed...........
Specific Relief Act, 1963, Section 41(h), Civil Procedure Code, 1908, Order 7, Rule 11 -- Agreement to sell - Plot transferred in favour of third party on the directions of the one of the co-vendee to the agreement, without the consent of other co-vendee - Suit for declaration with consequential relief of mandatory injuction filed by co-vendee to the agreement against..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Specific Relief Act, 1963, Section 41(h) -- Development agreement - Breach of - Sought to be restrained from - Plaintiff earnestly performing his part - Spent huge amount of Rs.30 lacs for development on assurance of defendant - Defendant committed default - Defendant was trying to back out of said agreement - Strong prima..........
Specific Relief Act, 1963, Section 41, Civil Procedure Code, 1908, Order 39, Rule 1, 2, Transfer of Property Act, 1882, Section 108(j) -- Lease of land for floor mill - Lessee given permission to raise building for flour mill and make other construction ancillary to flour mill - Lessee started construction of shopping complex to give the same on lease in violation of lease..........
Specific Relief Act, 1963, Section 40, 41(e) -- Injunction - Relief of injunction is a relief of equity and its primary object is to protect the `lis' so that relief claimed by plaintiff, in case of suit being decreed, is not lost...........
Civil Procedure Code, 1908, Order 41, Rule 23A -- Remand of suit - Scope - Recovery of possession suit - Mesne profit claimed - Lease right disputed - Title alleged to be vesting in government - Title not adjudicated upon - Under circumstances without deciding title of plaintiff controversy could not be decided - Matter remanded with specific direction to trial Court to..........
Civil Procedure Code, 1908, Section 96, Order 41, Rule 11 -- First appeal - Admission of appeal subject of deposit of specific amount is not envisaged by provision of S.96 read with O.41.R.11 CPC - Further imposition of condition that failure to deposit the amount would result in dismissal of appeal also cannot be sustained...........
Specific Relief Act, 1963, Section 19(b), Transfer of Property Act, 1882, Section 41, 52 -- Subsequent purchaser - Subsequent purchasers son of the mortgagee in possession and residents of same village - Inhabitants of a small village is presumed to have knowledge of an agreement to sell executed in favour of one party of the same village - Held, that subsequent vendees..........
Civil Procedure Code, 1908, Order 41, Rule 22, Specific Relief Act, 1963, Section 34 -- Declaration of title and possession - Decree - Objection to - Defendant's husband had received properties situated in three out of five survey numbers in oral partition - Other heir received properties in three Survey Number - Sold the same - Categorical admission by plaintiff that..........
Specific Relief Act, 1963, Section 41 -- Contract of personal service - Cannot be specifically enforced - Exceptions to this rule are : where a public servant is sought to be removed from service in contravention of the provision of Article 311 of the Constitution of India; (ii) where a worker is sought to be reinstated on being dismissed under the Industrial Law; and..........
