Civil Procedure Code, 1908, Order 2, Rule 2 -- Agreement to sell - Specific performance - Filing of suit during pendency of suit for permanent injunction - When suit for injunction filed cause of action for filing suit for specific performance was not available to plaintiff - Cause of action in a suit for permanent injunction is different than the one in a suit for..........
Possession -- Rights of perspective vendee - Land leased to plaintiff/respondent - Subsequently mortgaged - Later on parties entered into an agreement to sell - Suit for specific performance by vendee - Application for interim injunction - Plaintiff/respondent in lawful possession of land - Defendant/petitioner restrained from taking possession illegally and forcibly -..........
Punjab Land Revenue Act, 1887, Section 34, 35, 36, 37, Punjab Land Record Manual -- Change of khasra girdawari - Pendency of Civil Suit - Effect - Agreement to sell - Suit for specific performance - Prayer for permanent injunction restraining defendant from interfering in peaceful possession and from alienating etc. - Status quo ordered - Application for correction of..........
Civil Procedure Code, 1908, Order 1, Rule 10, Transfer of Property Act, 1882, Section 52 -- Transfer pendente lite - Necessary Party - Suit for specific performance of agreement to sell - Injunction regarding alienation - Portion of suit land transferred - Application under O1 R10 by transferee for impleading party - Applicant being transferee pendente lite without leave..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Specific Relief Act, 1963, Section 16(c) -- Temporary injunction - Suit for specific performance - Failure on the part of trustees to execute sale deed within time, having received almost 85 per cent of consideration amount- Cannot be viewed as a conduct of which fault or failure is attributable to the plaintiff - Plaintiffs..........
Civil Procedure Code, 1908, Section 47, Specific Relief Act, 1963, Section 28 -- Objection as to rescinding of Contract and/or benefit of construction - Decree for possession by way of specific performance upheld uptill High Court - Fresh construction raised by JD during execution of decree - Suit for permanent injunction by DH restraining JD from raising construction -..........
Specific Relief Act, 1963, Section 19 -- Suit for specific performance - Injunction regarding sale of suit property - Sale in violation of injunction order - Court shall treat such alienation as having not taken place at all - Purchaser cannot raise any defence on the basis of sale in his favour. Transfer of Property Act, 1882, Sec. 52...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit for specific performance - Defendant sought to be restrained from alienating or otherwise creating third party interest over suit property - Original agreement to sell not produced - Relief prayed for solely on ground of photocopy of alleged agreement - No explanation for not filing the original..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit for specific performance - Restraining subsequent purchasers from alienating and raising any construction - Agreement to sell for a consideration of Rs.4.50 lacs whereas subsequent sale deed executed for a consideration of Rs.17.60 lacs - Amount of advance of Rs.1 lacs paid in instalments but no..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit for specific performance and permanent injunction - Entire sale consideration amount received and possession delivered - Subsequently suit land mortgaged with Bank - Vendor not a defaulter in paying instalments to Bank - Bank not adversely affected by grant of temporary injunction - Status quo..........
