Agreement to sell -- Specific performance - Agreement for sale entered into by plaintiff through her son/power of attorney - Defendants could accept the sale consideration but they disputed the authority of power of attorney - Power of attorney appeared in office of Sub Registrar for execution of sale deed but defendants did not turned up - Date of execution of sale as..........
Evidence Act, 1872, Section 115, Transfer of Property Act, 1882, Section 58 -- Estoppel - Suit for redemption of mortgage - Plaintiff purchased property which was mortgaged to defendant - Defendant admitted mortgage in earlier suit and was ready to hand over possession on payment of mortgage amount - He thus, estopped by his conduct to oppose redemption - Plaintiff..........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 32 -- Execution - Decree of specific performance - Decree was executable within two months of passing of decree on payment of balance sale consideration - In appeal appellate Court did not impose a time limit - Objections that balance sale consideration not deposited within time as decree was not stayed by first..........
Civil Procedure Code, 1908, Section 2(12) -- Mesne profits - Stay beyond period provided in the lease agreement - Defendant is liable to pay mesne profits - No evidence led to measure damages that can be awarded as mesne profits - Held, plaintiff is entitled to mesne profits of 15% per annum over the last paid rent - Plaintiff is also entitled to pendente lite and future..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Maintainability of suit u/s 31 of Specific Relief Act - Such an issue does not require any evidence and can be decided by seeing the prayer and pleadings of the suit - Impugned order to decide the issue at a future point, set aside - Matter remitted to decide application afresh...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Offence by u, registered Partnership Firm - Applicability of bar u/s 69(2) of Partnership Act - Action u/s 138 of the Act is not a suit to enforce a right arising out of a contract - S.138 of the Act is a penal provision - Bar u/s 69(2) of Partnership Act does not operate in such criminal prosecutions...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Documents which defendants propose to mark are in no way connected with suit property - Such documents are irrelevant documents and not material to facts in issue in the case - Even there is no pleading in written statement regarding such documents - No reasons were substantiated by..........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration and perpetual injunction - Plaintiff claimed that suit land and temple constructed thereon belongs to their family - However, no document of title was relied upon by plaintiff to establish his claim - As per revenue record ancestors of plaintiff only shown as Manager - Even revenue entry was not individually..........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration and permanent prohibitory injunction - Admittedly, defendant did not appear in the witness box but since the plaintiff has failed to prove his case mere fact that defendant did not appear in the witness box is of no avail especially when his son who was acquainted with the facts of the case and was duly..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Suit is at the stage of final arguments - Any amendment in written statement at the fag end of suit, cannot be permitted, particularly when suit was filed way back in the year 1987 - Even otherwise, defendant sought amendments with respect to facts which were available/known even at the time..........
