Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for recovery of money - Amendment sought to include alternative relief of mandatory injunction/specific performance - Amendment changing basic nature of suit and cause of action - Held, amendment cannot be allowed...........
Specific Relief Act, 1963, Section 38 -- Injunction - Possession claimed under agreement to sell - Simpliciter suit for injunction not maintainable without seeking remedy of specific performance as suit for mere injunction does not lie against the true owner...........
Transfer of Property Act, 1882, Section 53A -- Part performance - When all conditions of provision of S.53-A TPA are satisfied, the possession of the person must be protected by the court whether he comes as a plaintiff or defendant - The only embargo is that S.53-A cannot be taken in aid by the transferee to establish his right as owner of the property - But the..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit for specific performance - Restraining forcible dispossession and restraining alienation to anybody else - Agreement to sell registered - Court at this stage cannot proceed with the assumption that agreement to sell is a result of fraud - Order of ad interim injunction granted by trial Court..........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Cause of action in a suit for specific performance and a suit for permanent injunction are different...........
Transfer of Property Act, 1882, Section 53A -- Part performance - Party in possession of property under an agreement of sale has not only a right to defend his possession in an action brought by transferor or any person claiming under him but he can also institute a suit for injunction to protect his possession by invoking doctrine of part performance even though his..........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Suit for specific performance of sale agreement - In plaint, plaintiff referred to some earlier suit which he filed for permanent injunction to put restrain on defendant from dealing with property subject matter of sale agreement - Defendant also filed written statement in that injunction suit -..........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Omission to sue for all reliefs - Sale agreement - Simple suit for injunction to restrain defendant from dealing with property subject matter of sale agreement - Plaintiff omitted to claim relief of specific performance, though same was available to him - Held, subsequently plaintiff will not be entitled to sue for relief of..........
Civil Procedure Code, 1908, Order 43, Rule 1(r), Constitution of India, 1950, Article 227 -- Suit for possession by way of specific performance of agreement to sell - Along with suit, application for interim injunction also filed on which parties directed to maintain status quo regarding possession and alienation - Plaintiff petitioner filed applications under order 39..........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Agreement to sell - Injunction suit - Specific performance of agreement not sought - Held, injunction can be declined in face of efficacious remedy of suit for specific performance being available - However, subsequent suit for specific performance not barred U.O.2.R.2 of Code...........
