Agreement to sell -- Specific performance - Subsequent purchasers - Plea of bonafide purchaser - Plaintiff has led voluminous evidence to substantiate his plea that subsequent purchasers had knowledge of agreement to sell in his favour - Testimony of plaintiff in this regard finds due corroboration from the statements of PWs - Subsequent purchasers on the other hand..........
Specific Relief Act, 1963, Section 28 -- Balance sale consideration - Extension of time - Seller in spite of complying his part of performance as decreed by Court below filed application to rescind the contract - Purchaser on the other hand in order to show his bonafide has deposited balance sale consideration in Bank - Since purchaser had deposited balance sale..........
Civil Procedure Code, 1908, Order 37, Rule 3(5) -- Recovery suit - Leave to defend - Sought on the ground that plaintiff has taken advantage of financial conditions of defendants - Not a single document placed on record by defendants to support their stand - Court must consider grant of unconditional leave in such cases where defendant is able to raise triable issue or..........
Civil Procedure Code, 1908, Order 1, Rule 10, Transfer of Property Act, 1882, Section 52 -- Impleadment of subsequent purchaser - Suit for Specific performance - Subsequent purchaser prima facie have no knowledge either of pendency of suit or passing of decree in favour of respondent No.1 - Sale deed in favour of subsequent purchaser does not automatically become void or..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Amendment of complaint - Typographic error in mentioning wrong cheque number - No person can be penalized for his bonafide mistake - Amendment allowed...........
Delhi Rent Control Act, 1958, Section 14(1)(e) - - Eviction - Bonafide requirement - Leave to defend - Respondent/landlord is doing business of sale of wholesale saree from shop which though is located on first floor but is located at place which is a wholesale saree market - Suit shop is located at place which is wholesale book market and is not suitable for running a..........
Limitation Act, 1963, Section 14 -- Remedy pursued in a bonafide manner in a Court having no jurisdiction - Held, principles enshrined in S.14 of Limitation Act clearly get attracted...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Amendment sought necessary for proper and effective adjudication of suit - Application for amendment bonafide - Refusal of amendment would lead to injustice - Allowing amendment will not cause any prejudice to defendant - Amendment allowed...........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i) -- Eviction - Bonafide requirement - Proof - Landlord is carrying on business of shoe shop on left side adjoining to demised shop - Landlord wants to expand his business as at the time of letting out there was no bazar whereas now there has been great development in area - Parda wall was constructed in year..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(ii), 13(3)(a)(iii), 15 -- Eviction - Personal necessity - Revisional jurisdiction - Exercise of - Held, finding of appellate authority on question of bonafide requirement in a revision petition can be interfered with only if such finding of fact is perverse or arbitrary or pleadings in eviction petition are not..........
