Specific Relief Act, 1963, Section 38 -- Permanent injunction - Restraining defendant from entering upon suit land and thereby creating any disturbance - Defendant purchased portion of joint family property from co-sharer/son of plaintiff, without consent of others, who acquired the same by partition - However, property stands in the name of father of plaintiff in record..........
Civil Procedure Code, 1908, Section 100, Specific Relief Act, 1963, Section 38, 39 -- Suit mandatory and permanent injunction - Directing defendant to close main gate, which had been opened illegally, causing obstruction in usage and occupation of plaintiff - Defendant purchased his house and got it repaired after getting site plan sanctioned from M.C. - As per sanctioned..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Necessary party - In suit for specific performance of agreement to sell, only validity and enforcement of agreement is to be seen - Contract is with respect to immoveable property, which has already been sold in public auction and sale certificate has been issued - Property was mortgaged with bank by promisor of agreement to..........
Civil Procedure Code, 1908, Order 18, Rule 3 -- Evidence - High Court issued directions that defendant was permitted by trial court to cross-examine three witnesses of plaintiff - While completely mis-understanding and misinterpreting true import of order passed by High Court, trial court permitted plaintiff-respondent to lead more evidence, for which there was no scope..........
Agreement to sell -- Specific performance - Subsequent purchasers - As per written agreement to sell, date for registration of sale deed was 31.12.2004 whereas defendant No.1 sold property to defendant No.2 on 10.12.2004 i.e. 21 days before target date - Defendant No.1 and defendant No.2 both are residents of same village and in these circumstances, submission of learned..........
Specific Relief Act, 1963, Section 16(c) -- Agreement to sell - Readiness and willingness - Petitioner-sellers submitted that pleadings of plaint are not supported by an affidavit - In plaint, plaintiff had approached defendant-sellers to complete their part of agreement to sell but defendants expressed difficulty to hand over physical possession and therefore requested..........
Transfer of Property Act, 1882, Section 52 -- Lis pendence - Ownership of plaintiff over suit property had been duly established on record - Bank did not exercise due diligence at time when suit land was mortgaged with it by defendant - Mortgage was sought to be created after plaintiff had filed a suit for specific performance, thus, rule of lis pendence would be..........
Transfer of Property Act, 1882, Section 52 -- Lis pendence - Defendant-appellant, vide agreement to sell agreed to sell land along with its incidental rights in favour of plaintiff and also received earnest money - However, when defendant-appellant was not found interested in honouring agreement to sell, plaintiff filed his suit for possession by way of specific possession..........
Civil Procedure Code, 1908, Order 37, Rule 1, Partnership Act, 1932, Section 69(2) -- Money suit - Suit by registered partnership firm - Maintainability - Certificate of registration of plaintiff-company proved during trial - Firm being a registered partnership firm, entitled to sue and enforce its right arising out of a contract by or on behalf of any person showing as a..........
Civil Procedure Code, 1908, Order 41, Rule 27, 23, 23A -- Remand of case while allowing production of additional evidence - District Court in its discretionary power was justified in giving opportunity to defendant to adduce additional evidence in peculiar facts and circumstances of case, particularly when he has no fault on his part - High Court committed error in setting..........
