Specific Relief Act, 1963, Section 38,20,41(h), Civil Procedure Code, 1908, Order 39, Rule 1,2 -- Injunction suit - Not maintainable when remedy of filing suit for specific performance is available - Plaintiff cannot claim temporary injunction in pending suit for injunction simpliciter...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit for specific performance of agreement to sell - Plaintiff sought temporary injunction restraining defendants from alienating suit property during pendency of suit - Held, interest of both parties can be safeguarded by directing that if defendants want to alienate suit land during pendency of..........
Civil Procedure Code, 1908, Order 39, Rule 1,2 -- Temporary injunction - Suit for specific performance - Protecting the suit property - Can be granted only upon plaintiff performing his part of the contract which the plaintiff is required to be ready and willing to perform at all material times including at the time of filing the suit - This would be only upon payment of..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit for specific performance - Restraining forcible dispossession and restraining alienation to anybody else - Agreement to sell registered - Court at this stage cannot proceed with the assumption that agreement to sell is a result of fraud - Order of ad interim injunction granted by trial Court..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Specific performance - Once an agreement cannot be specifically enforced, party would not be entitled for an injunction prayed for...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Transfer of Property Act, 1882, Section 52 -- Temporary injunction - Transferee pendente lite - Law summed up viz. (a) Adequate protection is provided to the parties from transfers pendente lite by Section 52 of the TPA and such transferees are neither required to be impleaded nor can claim impleadment - They cannot even..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Agreement to sell - Specific performance - Temporary injunction - Plaintiff having apprehension that if defendant alienates suit property during pendency of suit alienee may claim to be bona fide purchaser without notice of suit and therefore, may create complication - Held, this apprehension of plaintiff can be redressed..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit for specific performance - Restraining defendant from interfering in possession and alienating the suit property - Agreement to sell categorically denied - Court erred while holding prima facie case in favour of plaintiff - Failure to establish all the three ingredients for grant of temporary..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Agreement to sell - Suit for specific performance - Alienation - Substantial amount as earnest money already paid - Temporary injunction cannot be declined on the basis that alienation will be subject to law of lis pendens - No interference warranted in order of lower appellate court granting stay of..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Agreement to sell - Suit for specific performance - Restraining defendant from alienating, transferring or creating third party interest in the suit property - Out of consideration of 45 Lakhs an amount of Rs.42.50 lakhs paid in cash at the time of execution of agreement to sell - Payment of cash..........
