Agreement to sell -- Suit for specific performance - Averment of readiness and willingness on the part of plaintiffs has to be put to the date of filling of suit - Mere averment alone is not sufficient and supportive thereof is also necessary...........
Agreement to sell -- Suit for specific performance - Averments of readiness and willingness on the plaintiff`s part up to the date of filing of suit and prove thereof is necessary...........
Agreement to sell -- Suit for specific performance - Readiness and willingness - Not only the original vendor but also subsequent purchaser entitled to raise contention that plaintiff was not ready and willing to perform his contract of contract...........
Court Fees Act, 1870, Section 7(v)(e) -- Court fee - Suit for declaration that registered exchange deed be declared illegal, null and void and result of fraud and also seeking possession of one of the suit properties - Court fee ad valorem on the market value is payable on the property of which possession is sought - As no market value is stated in the plaint as such Court..........
Civil Procedure Code, 1908, Order 6, Rule 17, East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Amendment of plaint - Suit for eviction - Proposed amendments are only clarificatory in nature so as to obviate rejection of petition on ground that landlord has not disclosed the facts - Moreover, for the fault of office bearers/representative landlord should not be..........
Civil Procedure Code, 1908, Order 6, Rule 17, East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Amendment of pleadings - Suit for eviction - Whereever amendments are substantive or Court comes to a conclusion that effort is to delay disposal of application Courts would be justified in dismissing the petitions - Further, there can be cases where tenant with a view..........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Property in question was rented out to defendant - However, property is in dilapidated condition and it is not in use for purpose for which it was let out - Manner in which plaintiff came into possession looses relevance - Since plaintiffs are in possession of suit property, as defendant is no longer in..........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit with liberty to file fresh on same cause of action - Relief cannot be split up by allowing withdrawal of suit and refusing liberty to institute fresh suit - Application U.O.23.R.1(3) CPC should be treated as a whole - Impugned order allowing withdrawal of suit and refusing liberty to institute fresh suit,..........
Suit for possession - - Plea of adverse possession taken by defendant - Ownership of plaintiff over suit property on basis of sale deed already settled in earlier suit instituted by defendants themselves - Said finding is final and not being subject matter of challenge in these proceedings, cannot be reopened by Court - Plea of adverse possession rejected - Suit rightly..........
Civil Procedure Code, 1908, Order 41, Rule 11 -- Second appeal - Suit for possession and mandatory injunction - Plaintiff failed to establish his prior possession of suit property before 2011 when allegedly defendants made a construction on suit land - There was nothing before Court from which Court could even remotely hold that suit land belonged to..........
