Specific Relief Act, 1963, Section 22(2), Specific performance -- Relief of possession - Expression `at any stage of proceeding' includes the stage of execution of decree by executing Court...........
Specific Relief Act, 1963, Section 22(2), Specific performance -- Relief of possession - S.22 of the Act in order to avoid multiplicity of proceedings, allows plaintiff to amend the plaint to include a claim for relief of possession, partition etc. at any stage of proceeding...........
Specific Relief Act, 1963, Section 34, Evidence Act, 1872, Section 102 -- Suit for declaration of title - Burden of proof - In a suit for declaration of title burden always lies on plaintiff to make out and establish a clear case for granting such a declaration and weaknesses, if any, set up by defendant would not be a ground to grant relief of declaration of title to..........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration of title and permanent injunction - Plaintiffs failed to prove that they are having right and title in the suit property - Since plaintiffs are not entitled to the main relief of declaration of title, they are not entitled to consequential relief of permanent injunction as sought in the plaint - Suit rightly..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of subsequent purchaser - Suit for specific performance - Defendants sold the land in question to Sehkari Samiti - However, controversy in the suit is decided on the basis of agreement alleged to have been executed by defendants with plaintiff - There is thus, no need to implead Sehkari Samiti as a party defendant..........
Indian Penal Code, 1860, Section 498A, 323, 294, 506, 34, Dowry Prohibition Act, 1961, Section 3, 4 -- Cruelty - Dowry demand - Quashing of proceedings - Allegations against applicants are specific and clear - Real daughter-in-law of applicant No.5 who is sister of applicant No.3/mother-in-law also filed FIR against her - Applicants Nos.3 and 5 who are real sisters are..........
Agreement to sell -- Specific performance - Description of suit property - When suit properties are not described properly plaintiffs cannot claim any relief against defendants...........
Agreement to sell -- Validity - Suit for specific performance - Defendants have denied execution of agreement in written statement - One of attestors of agreement had stated that he did not sign as a witness on agreement - Genuineness of agreement has not been proved by plaintiffs - Agreement in question is not valid...........
Agreement to sell -- Specific performance - Suit filed after a lapse of twenty years - No explanation given by plaintiff in this regard - Even there is no pleadings with regard to willingness of plaintiffs or original vendee for getting sale deed executed in their favour - No evidence adduced by plaintiff to show that right from the date of sale agreement, original vendee..........
Agreement to sell -- Specific performance - Ready and willing - Plaintiff is obliged not only to make specific statement and averments in the plaint but is also obliged to adduce necessary oral and documentary evidence to show the availability of funds to make payment in terms of the contract in time...........
