Agreement to sell -- Specific performance - Grant of alternative relief of refund of earnest money whereas alternative relief claimed was refund of earnest money and damages - Total sale consideration was Rs.5825/- and plaintiff had paid total sum of Rs.4945/- - Merely refunding the earnest money paid after 60 years will be unreasonable, as plaintiff after booking the..........
Partition -- Preliminary decree - Challenged by purchaser from one of the co-sharers that his rights are adversely affected as he has spent huge amount in raising construction - Appeal was dismissed but a direction was issued to demolish the construction on the suit plot forthwith - Demolition of already constructed buildings may not be in the interest of any of the..........
Civil Procedure Code, 1908, Order 20, Rule 18 -- Partition suit - Preliminary decree - Challenged by third party - Preliminary decree was contested by appellant only who claimed that defendant No.2 had transferred his share to him and he has spent huge amount in raising construction on the plot - Admittedly, there was no challenge to the same by any of co-sharers of..........
Allotment of plot -- Original allottee alleged to have obtained the allotment and sale deed of plot in question by submitting a wrong affidavit that he does not possess any building or plot in the areas of operation of society - However, mere living in a particular house by itself would not mean that said house is under ownership of person living therein in his individual..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for recovery of possession - Courts below had ignored material evidence on the aspect of property having been divided by father of defendant - Defendant himself admitted to having sold one plot in favour of one person claiming himself to be exclusive owner of such property - Brother of defendant sold a part of..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 7 -- Appointment of site commissioner - Partition suit - Court while allowing application specifically directed that inspection of property by taking details of neighborhood, condition and measurements of rooms and walls and also to take photographs and measurements of plot in dispute from all sides based upon which..........
Allotment of plot -- Demand of additional price - Allotment letter shows that additional price can be demanded in case there is enhancement in cost of land awarded by competent authority under Land Acquisition Act - Admittedly, land for allotment was never acquired - No illegality committed by Court below in setting aside demand of additional price of plot...........
Allotment of plot -- Demand of additional price on account of enhancement of compensation - In the allotment letter option was there to vary the price in case there is change in size of plot - This clause does not talk about demand of additional price on account of any other factor specially the one namely on account of enhancement of compensation for acquisition of plot..........
Partition suit -- Defendants admittedly relinquished their 5/7th share in favour of plaintiff regarding one plot - No cogent evidence led by defendants regarding partition of disputed property - Trial Court rightly held that plaintiff had 5/7th share in said plot - Rest of property was undivided and it will be equally divided between parties i.e 1/7th share - Suit for..........
Allotment of plot -- Discretionary quota - Residential plot is merely approved in favour of social worker - Identified plot is yet to be allotted to her - Allotment of an identified plot did not crystallize by date 2003 Full Bench Judgment (Dr Amar Singh case) whereby allotment of residential plots under discretionary quota was held to be vague and arbitrary and directing..........
