Agreement to sell -- Specific performance - Ready and willing - Plaintiff seeking specific performance must establish continuous readiness and willingness not merely at the time of institution of suit but throughout the relevant period...........
Agreement to sell -- Specific performance - Ready and willing - Plaintiff was negligent, inactive and lacked continuous readiness and willingness to perform contract within the agreed period - Unexplained delay between agreement and notice, coupled with absence of any contemporaneous act evidencing readiness and willingness, supports refusal of relief - Relief of specific..........
Civil Procedure Code, 1908, Order 17, Rule 1, 2 -- Closure of evidence of plaintiff - Evidence of plaintiff was closed after giving fifth opportunity to lead evidence - Even on the date when order of closure of evidence was passed, no list of witnesses was filed by plaintiff - Sufficient opportunities were granted to plaintiff to lead evidence - Evidence of plaintiff..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a natural legal heir - Suit for declaration claiming inheritance and challenging Will - `S' being another son of deceased/father of plaintiff is a natural legal heir - He is thus, a necessary party to suit, as in the event Will is set aside, inheritance would devolve upon natural heirs - `S' would be entitled..........
Specific Relief Act, 1963, Section 28 -- Decree for specific performance - Non-payment of balance sale consideration within time period fixed by Trial Court does not amount to abandonment of contract and consequent rescinding of same - Real test must be to see if conduct of plaintiff will amount to a positive refusal to complete his part of contract...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Court at the stage of considering application U.O.7.R.11 CPC is not concerned with correctness of averments, except to state that plaintiff has to discharge the burden of proving his case...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - If statements in plaint are taken to be true, it cannot be said that it does not disclose a cause of action and plaint shall be rejected - This is a matter of trial, result of which would depend upon evidence adduced by plaintiff...........
Adverse possession -- Suit for declaration of title and permanent injunction - Plaintiff's title/ownership to suit property is clearly established through registered sale deed, mutation, issuance of patta and approved building map in favor of plaintiff - It therefore, demonstrate possession under lawful title and do not reflect hostility required for adverse possession -..........
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, Section 151, Order 39, Rule 1, 2 -- Interim injunction - Police aid - Trial Court besides restraining defendants from creating disturbance, also passed a positive order permitting plaintiff to construct house in question - As long as plaintiff is unable to construct his house, order of trial Court would be rendered ineffectual - It is duty of..........
