Civil Procedure Code, 1908, Order 8, Rule 9 -- Additional written statement - Additional Written Statement sought to be filed by defendant is belated and nothing but reiteration of original Written Statement with one new plea which is not only inconsistent, but would not be helpful to case of defendant in any manner - Defendant cannot seek to raise a new plea inconsistent..........
Agreement to sell -- Specific performance - Ready and willing - Agreement to sell for Rs.6.11 crores out of which 90 lakhs paid as earnest money - Plaintiff failed to prove his readiness and willingness - He had not been able to demonstrate that he had necessary financial wherewithal to make balance payment of Rs.5.21 crores on due date - Plaintiff did not even visit..........
Agreement to sell -- Breach of agreement - Refund of advance amount - Execution and contents of agreement unequivocally admitted by defendant in his evidence - Case projected by defendant that plaintiff was aware of encumbrance on suit property from inception was nothing but an afterthought, devised solely to defeat plaintiff's legitimate claim for refund - More so, upon..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit for specific performance - Suit land is joint in nature and partition has not yet taken place - Defendant No.2 admitted the case of plaintiff and defendant No.1 stated that agreement is a forged and fabricated document - In respect of contradictory site plans, same is a matter of evidence and..........
Civil Procedure Code, 1908, Section 151, Order 22, Rule 3 -- Application to examine LR of deceased plaintiff as a witness - Application dismissed on the ground that petitioner was impleaded as LR at the stage of defendant's evidence and evidence of plaintiff was already closed - However, since valuable rights of petitioner are involved in the case, it would be in the..........
Agreement to sell -- Specific performance - Ready and willing - Plaintiff seeking decree of specific performance is required to plead and prove his continuous readiness and willingness dehors objection raised by defendant...........
Agreement to sell -- Validity - Plaintiff discharged his burden by examining attesting witness as well as scribe - However, defendant miserably failed to prove his defence - Plaintiff proved execution of agreement to sell...........
Specific Relief Act, 1963, Section 38, 39 -- Suit for permanent and mandatory injunction - Restraining defendant from alienating plot allotted in lieu of acquisition of land - Agreement of sale executed between plaintiff and respondent and during subsistence of said arrangement, land in question came under acquisition and land vested in State - Once acquisition machinery..........
Civil Procedure Code, 1908, Order 38, Rule 5 -- Attachment before judgment - Registered sale deed in favour of original applicant was executed prior to institution of suit - In such circumstances, essential condition for invoking attachment before judgment U.O.38.R.5 CPC that property belongs to defendant on the date of institution of suit is absent - Plaintiff's remedy,..........
Partition suit -- Mesne profits - If a prima facie case is made out to take a view that plaintiff has share in property and defendant is deriving income from suit property to deprivation of plaintiff, then in such cases, Court as an interim measure can direct defendant in suit either to share or deposit profits derived from suit property subject to result of suit -..........
