Agreement to sell -- Specific performance - Interest on balance sale consideration - Relief of specific performance granted in favour of plaintiff - Equities would be balanced if defendant is adequately compensated by higher rate of interest i.e 21% p.a from the date when permission to sell the property from concerned authority was taken till date...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Nuisance - Feeding of birds, by neighbourer, by placing a tray below balcony window - On account of said feeding from metal tray, a large number of birds frequent said tray causing nuisance to plaintiff on account of bird droppings as well as filth created by birds - A person cannot use his premises..........
Limitation Act, 1963, Section 22, Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Continuing nuisance - Delay in filing suit - Plaintiff after making all other efforts to amicably resolve the issue have filed the suit in question after 10 years - Assuming that there is some delay it cannot come in the way of plaintiff as on account of said delay no right is created in..........
Partition -- Parties residing separately since more than 70 years, mess is separate, residence is separate, properties are acquired separately - Even, parties are recorded separately in revenue records of rights - Moreover, presumption of jointness in favour of plaintiff is very weak as he is 4th generation from the founder, who himself admitted separation between the five..........
Civil Procedure Code, 1908, Order 6, Rule 4 -- Pleadings - Suit challenging sale deed - Plaintiff failed to prove the ingredients of O.6.R.4 CPC - It is hard to believe that plaintiffs were not aware of particulars of land agreed to be sold, as they stated to have received the sale consideration - A registered document carries even presumption of truth, if not challenged..........
Bar Council of India Rules, 1975, Rule 47 -- Advocate - Prohibition to carry any business - Plea that plaintiff being practicing Advocate, cannot engage himself in any business - Since defendant himself requested plaintiff, his elder brother, to become partner in said business and at present said firm was dissolved - Thus, defendant cannot raise this plea...........
Registration Act, 1908, Section 17 -- Unregistered document - Title does not pass through unregistered document - Unless there is registered conveyance from plaintiff to defendant, title cannot pass to defendant...........
Specific Relief Act, 1963, Section 6 -- Summary suit u/s 6 of the Act - Dispossession - Complaint with police not lodged - Neighbours not examined as such an adverse inference has to be drawn that best evidence available is deliberately withheld from Court - Documents relied upon like Power of Attorney, lease deed etc. do not in any way prove or establish possession of..........
Civil Procedure Code, 1908, Section 11, Order 9, Rule 8 -- Res judicata - Partition suit - Dismissal in default - Order of dismissal for non appearance of plaintiff in earlier suit does not operate as res judicata in subsequent suit...........
Will -- Unprivileged Will - Execution and proof - Plaintiff who fails to prove Will in its solemn form cannot be granted Probate or Letters of Administration with Will...........
