Limitation Act, 1963, Section 27 -- Extinguishment of property to property - Plaintiffs were asked to vacate the suit property in 1984 by defendants on the strength of gift deed - But plaintiffs refused to heed the demand and continue to occupy the property - Since period of 12 years has elapsed from the specific refusal of plaintiffs to vacate the building from 1994..........
Specific Relief Act, 1963, Section 37, 38 -- Perpetual injunction - Can be passed restraining defendants from interfering with peaceful possession of plaintiffs and from dispossessing plaintiffs, as the right of defendants to recover possession of suit property u/art 65 of Limitation Act is extinguished within the meaning of S.27 of the Limitation Act...........
Agreement to sell -- Specific performance - Ready and willing - Requirement of mandatory provision of S.16(c) Specific Relief Act lacking - Court has to dismiss the suit. (Specific Relief Act, 1963, S.16(c)...........
Agreement to sell -- Specific performance - Ready and willing - A year's stipulated in the agreement for execution of sale deed - Suit filed after three years of the date fixed for execution of sale deed - Admittedly, no notice was given to defendant for execution of sale deed and only oral requests were made to defendant by plaintiff - However, defendant denied the said..........
Co-sharers -- Sale of specific portion of land - No co-sharer recorded to be in possession of any specific portion of joint land - Partition between co-sharers not taken place - Sale of even specific portion of land would amount to sale of only a share in the joint land - As vendors were not in exclusive possession of any portion of the joint land, they could not deliver..........
Specific Relief Act, 1963, Section 38 -- Co-sharer - Every co-sharer has right over every inch of joint land till it is partitioned by metes and bounds - Appellants who stepped into the shoes of his vendors had no right to claim relief of injunction against other co-sharers...........
Civil Procedure Code, 1908, Section 13, 9, Hindu Marriage Act, 1955, Section 13, Specific Relief Act, 1963, Section 34, 35 -- Foreign judgment - Termination of marriage - Challenged on the ground that order is without jurisdiction, having been obtained by fraud and being violative of rules of natural justice and the provisions of Hindu Marriage Act, 1955 - Provision of..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a stranger or third party - Stranger or third party is neither necessary party nor proper party in a suit for specific performance of a contract for sale of property, therefore, he cannot be added as a defendant in the suit...........
Specific Relief Act, 1963, Section 39 -- Mandatory injunction - Both parties agreed to leave passage of 5 feet each from their land and in this way total width of passage will be 10 feet - As per case of plaintiff he had left 8 feet wide passage from his land - Plaintiff failed to prove this fact and also that defendant encroached upon the passage by constructing a wall -..........
Transfer of Property Act, 1882, Section 53A, Specific Relief Act, 1963, Section 16 -- Suit for specific performance - Expiry of period of limitation - No bar for a person in possession of an immovable property in part performance of a contract for transfer for consideration to assert the shield of S.53A of Transfer Property Act...........
