Specific Relief Act, 1963, Section 38 -- Permanent injunction - Defendant filed suit for permanent injunction by way of counter claim - Revenue record does not reflect sale of any portion of land nor does it show that plaintiff was in possession of suit property - Defendants by leading ocular and documentary evidence, proved agreement to sell whereby part of property..........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Nature of suit property was proved to be abadi deh lying within lal lakeer - Possession of land within abadi deh/lal lakeer follows ownership - Even though possession of plaintiff over suit land may be unauthorized but that does not give any legal right to defendant to dispossess plaintiff or interfere in his..........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration and permanent injunction - Plaintiff sought right over property on the basis of agreement of sale - Execution of sale agreement does not convey any right in respect of suit property unless execution of registered sale deed to be made in favour of plaintiff, where suit property is immovable property worth..........
Specific Relief Act, 1963, Section 12(3) -- Part performance - Relinquishment of claim to further performance of remaining part of contract and all rights to compensation can be made at any stage of litigation...........
Specific Relief Act, 1963, Section 12(3)(a) -- Expression - `considerable part' implies that the part which will be left unperformed is either large as regards quantity or as regards quality...........
Specific Relief Act, 1963, Section 12(3) -- Part performance - S.12(3) of the Act can be invoked only where the terms of contract permit segregation of rights and interests of parties in the property...........
Specific Relief Act, 1963, Section 12(3) -- Part performance - Power to grant partial relief is discretionary with the Court to be exercised keeping in view the facts and circumstances of each case and the rights and interests of parties involve...........
Specific Relief Act, 1963, Section 12(3) -- Part performance - Benefit of S.12(3) of the Act can not be rejected on the short ground that it was not incorporated in the plaint or was not set forth in writing before Trial Court...........
Specific Relief Act, 1963, Section 12(3) -- Part performance - Relinquishment could be made at any stage of litigation including the appellate stage - Claim of plaintiff for grant of benefit u/s 12(3) of the Act was, therefore, rightly not rejected by High Court on the simple ground that it was not made at the trial stage and had been made for the first time at the..........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Decree for permanent injunction cannot be passed only on the basis of possession in pursuance of an agreement to sell...........
