Agreement to sell -- Specific performance - Ready and willing - Plaintiff did not have money required for payment of balance sale consideration and also the capacity to arrange payment of such amount - It has to be concluded that he was not ready and willing to perform his obligations - In such circumstances even if it is established that defendant refused to execute the..........
Agreement to sell -- Specific relief - Alternative relief of refund of earnest money - Defendant not entitled to retain earnest money when he did not sustain any loss due to non execution of sale deed pursuant to agreement - Held, plaintiff is entitled for return of advance sale consideration together with appropriate interest i.e. 6% p.a. interest from the date of..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex-parte decree - Setting aside - Sufficient cause for non appearance - Defendant undergoing treatment for breast cancer and she had undergone chemotherapy - Treatment certificate of defendant is on record - No material to show that absence of defendant was either intentional or mala fide - Condition imposed by Court below..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Sufficient cause - Material date for deciding "sufficient cause" for no, appearance by defendant is the date on which ex parte decree was passed and not his previous negligence or past defaults...........
Adverse possession -- Suit by plaintiff for declaration of title on the basis of adverse possession is not maintainable - Plea of adverse possession is available only to defendant by virtue of Art.65 of Limitation Act...........
Adverse possession -- Where plaintiff and defendant had inherited properties in question from common ancestor, alternative plea of adverse possession by defendant was inconsequential...........
Adverse possession -- Claim of defendant that he was in possession of suit property for the last 35 years, not proved, as there is no document on record to prove the same - Plaintiff on the other hand stated that property fell to his share - Defendant did not make any cross-examination of plaintiff on this aspect - Witnesses proved on record that property belongs to..........
Family Courts Act, 1984 -- Where family settlement has declared valid, sale deed executed by defendant No.2 to the extent of his share was not bad in the eyes of law, and as such suit filed by plaintiff to challenge the same is a misuse of process of law as he lacks any locus standi to challenge the sale made by defendant No.2 of the land which had fallen to his share..........
Civil Procedure Code, 1908, Order 39, Rule 2A -- Interim injunction - Disobedience - Defendant Nos.1 to 3 were not a party to suit when injunction order was passed - Nor they had knowledge about injunction order - Defendants were not bound by said injunction order, thus, cannot be held liable for disobedience of injunction order U.O.39.R.2-A CPC - Application rightly..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Restraining defendant from stopping plaintiff from making his construction thereby changing the nature of suit property from open land to a constructed house - Object of interim injunction is always to preserve the suit property in its present form - Court would not become a party to get the..........
