Registration Act, 1908, Section 77, Civil Procedure Code, 1908, Order 2, Rule 2 -- Suit u/s 77 of Registration Act - Plaintiff can seek any other relief to which he is entitled alongwith the relief claimed u/s 77 of the Registration Act - Plaintiff cannot be confined to the relief of execution of the registration deed...........
Specific Relief Act, 1963, Section 37, Civil Procedure Code, 1908, Section 100 -- Injunction - Second appeal - Appellant failed to prove his title over the suit property - In fact suit property is a street - Concurrent findings of fact recorded by courts below - No material evidence ignored while returning this concurrent findings - Held, no ground is made out to upset the..........
Civil Procedure Code, 1908, Section 47 -- Execution - Suit decreed - Defendant directed to handover vacant possession within one month of plaintiff depositing Rs.12, 500/- in the Court - Plaintiff deposited the amount after three years and filed execution - As per decree plaintiff was not supposed to deposit the amount within one month - Relief stipulates that J.D. was to..........
Possession -- Co-sharer - A co-sharer is entitled to seek relief of possession from a trespasser...........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Previous suit for permanent injunction and subsequent suit for possession - If during pendency of earlier suit or after dismissal thereof, defendant has taken possession then suit for possession is not barred by resjudicata - Earlier suit dismissed U.O.17.R.3 CPC - Suit for possession is not barred by resjudicata as..........
Transfer of Property Act, 1882, Section 54, Specific Relief Act, 1963, Section 38, 39 -- Sale - Some amount of consideration remained unpaid - Sale does not become invalid - Property sold stands transferred to the buyer subject to the statutory charge for the unpaid part of the sale price...........
Specific Relief Act, 1963, Section 17 -- Vendor cannot plead defect in his title as a defence...........
Haryana School Education Act, 1995, Section 8(2) -- Termination - Taking over of school - Appointment of Administrator - Termination of services of the petitioner appointed on sanction post on ground that the strength of the school had dwindled - Contention of the petitioner that administrator ought to have only considered for a redeployment of the petitioner in some other..........
Transfer of Property Act, 1882, Section 53A, 106, Specific Relief Act, 1963, Section 20 -- Tenant - Agreement to sell entered into by tenant with the son of the landlord - In an eviction petition tenant took the plea of protection of S.53-A TPA - Tenant never filed suit for specific performance - Possession of tenant remains as tenant - Secondly agreement to sell is not in..........
Haryana Urban Development Authority Act, 1977, Section 17(4) -- Resumption order - Passed after filing of the suit - Resumption order not challenged - The contention that the court can grant consequential relief to set aside the resumption order cannot be accepted - The plaintiff should have amended the plaint to challenge the resumption order, if they wanted to challenge..........
