Transfer of Property Act, 1882, Section 53A -- Part performance - Agreement to sell - Failure of transferee to send a notice calling upon transferor to execute sale deed demonstrates that he was not ready and willing to perform his part of contract - Transferee not entitled to get possession over suit property u/s 53-A of the Act...........
Transfer of Property Act, 1882, Section 53A -- Part performance - Agreement to sell - Suit for permanent injunction and restoration of possession - Defendant/transferee has taken possession of suit property in part performance of contract - However, defendant not pleaded that he is ready and willing to perform his part of contract - Defendant ought to have sent a written..........
Court Fees Act, 1870, Section 7 -- Suit for permanent injunction and restoration of possession - Deficient Court fee - Suit dismissed by trial Court on the ground that relief of recovery of possession has not been valued properly and no Court fees has been paid for the same - However, Court ought to have granted time to plaintiff to correct valuation - Findings of Courts..........
Agreement to sell -- Specific performance - Delay and laches - Suit for specific performance cannot be dismissed on sole ground of delay or laches - However, exception to this rule is that where an immovable property is to be sold within a certain period, time being of essence and it is found that owing to some default on part of plaintiff, sale could not take place..........
Agreement to sell -- Specific performance - Delay and laches - Once a suit for specific performance has been filed, any delay as a result of Court process cannot be put against plaintiff...........
Anti-suit injunction -- Anti suit injunction is instituted to prevent opposite party from instituting or continuing with proceedings in another Court in domestic or foreign country - Anti suit injunction is a species of injunction...........
Family Courts Act, 1984, Section 7(1) -- Explanation (d) - Anti-suit injunction - To prevent opposite party from instituting or continuing with the proceedings in another Court in domestic or foreign country - Anti suit injunction is maintainable in view of power to grant injunction in matrimonial disputes by Family Court - This power is traceable to S.7(1) Explanation (d)..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Advocate Commissioner - For noting down physical features and topography of suit property - Partition suit - Suit filed for seeking partition of agricultural land - Even, assuming that suit is ultimately allowed, division of property would be required to be worked out by metes and bounds at the time of passing..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - After commencement of trial - Suit for declaration and partition - Amendment sought for altering shares of parties - Proposed amendments are not in the nature of changing nature and character of suit - Amendment allowed with costs of Rs.1000/- considering delay...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Revenue entries qua tenancy of plaintiff and his payment of rent - Corrected by competent revenue authorities in favour of defendant and even appeal filed by plaintiff against order of revenue authorities has been dismissed by competent statutory appellate authority - Plaintiff cannot claim to be in..........
