Agreement to sell -- Specific performance - Grant of decree for refund of amount paid alongwith interest @ 6% per annum by holding that equity does not lie in favour of plaintiff since possession of land in question was never transferred to plaintiff - Two Courts below have exercised discretion in declining the decree of specific performance - No interference warranted...........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 97 -- Execution - Compromise decree for specific performance - Objections - Agreement to sell indicates that vendees were already knowing of fact that suit land had been acquired - Even notification for acquisition of land issued prior to execution of agreement to sell - On passing of award, taking over possession of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(c), 20(b), 29 -- Recovery of 7.79 kg Charas - A-3 was found with contraband Charas contained in a bag held by him - A-1 and A-2 did not hold the bag and neither anything incriminating was found from their person - A-2 was merely a companion of her husband A-1 and she was not an accomplice in crime - No call..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for declaration and permanent injunction - Amendment application filed without assigning any reason as to why plaintiffs could not have raised the matter before commencement of trial - Moreover, fact regarding possession of defendants over suit land was pleaded by defendants from very beginning of..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for permanent injunction - Death of defendant No.1 during pendency of second appeal - Entire allegation about attempt being made to interfere with possession and enjoyment of suit property has been made against defendant No.1 in his individual capacity - Allegation that was made by plaintiff should confine..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - To incorporate a fact known to plaintiff prior to filing of suit - Suit filed mainly on the basis of long drawn possession and now plaintiff wants to incorporate pleadings of some other survey number on the basis of some order passed by the then Tahsildar declaring his father as Bhumiswami - It may alter..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Bar of limitation - When suit is for decree of permanent injunction and it is averred that plaintiffs are in possession of suit property pursuant to agreement and thereafter they have developed the land and they are in continuous possession since more than 12 years and also paying taxes to Corporation,..........
Kerala Buildings (Lease and Rent Control) Act, 1965, Section 11(3), 18(1)(b), 20 -- Eviction petition - Bonafide need - There is no evidence to show that landlord has any other building in her possession - Tenant being a cooperative society, second proviso to S.11(3) of the Act has no application - Eviction order upheld - Directions issued...........
Agreement to sell -- Un-registered - Suit for specific performance - Possession of suit property was handed over to plaintiff at the time of execution of sale agreement - Plaintiff thus, cannot seek any remedy under unregistered agreement to sell...........
Criminal Procedure Code, 1973, Section 438, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, 29 -- Anticipatory bail - Recovery of 150 kg poppy husk - Petitioner arraigned as accused on the basis of disclosure statement of main accused from whose possession recovery effected - There is no other evidence collected against petitioner - Merely because police..........
