Specific Relief Act, 1963, Section 38, 41(h) -- Suit for permanent injunction restraining defendant from alienating land because of agreement of sale in favour of plaintiff - No actionable claim so far as land subject-matter of sale is concerned because no suit filed for enforcement of agreement of sale - Decree for injunction also passed in violation of Section 41(b) -..........
Punjab Village Common Lands (Regulation) Rules, 1964, Rule 6, Specific Relief Act, 1963, Section 34 -- Suit for a mere declaration - Plaintiff entitled to further relief of mandatory injunction - Failure to claim - Suit not maintainable as a mere declaratory decree not executable - Suit for declaration that plaintiff a bona fide auctio, purchaser of trees standing in..........
Specific Relief Act, 1963, Section 34, 26 -- Mistake in document of title - even without seeking the relief of rectification of mistake in the document, plaintiff is able to prove his title, decree for declaration of title to the suit property can be passed...........
Civil Procedure Code, 1908, Order 20, Rule 12A, Specific Relief Act, 1963, Section 28 -- Decree-holder if fails to deposit amount within time allowed - Section 28 provides for such a situation - Effect not provided for in Rule 12-A of Order 20 Civil Procedure Code - Section 28 itself inter alia provides for extension of time - Decree for specific performance directed..........
Punjab Land Revenue Act, 1887, Section 45, 158 -- Punjab Land Records Manual, Para 9.9 - Khasra Girdawari entry, correction of - During pendency of proceedings Khasra Girdawari entry incorporated in later Jamabandi - Decree for permanent injunction in favour of petitioner - Objection that finding of Civil Court of no relevance in view of provisions of Section 158 read with..........
Contract Act, 1872, Section 29, Specific Relief Act, 1963, Section 9 -- Plea that decree for specific performance for one half share cannot be granted as land consists of various Khasra numbers and did not constitute one piece which renders agreement vague - Not tenable - Land comprising of different Khasra numbers constitutes one plot of land and further at no stage,..........
Specific Relief Act, 1963, Section 38, Civil Procedure Code, 1908, Section 151 -- Suit for permanent injunction restraining defendant from interfering with possession of plot- Construction raised after filing of suit and inspite of grant of temporary injunction - Form of suit pales into insignificance - Duty of Court to mould relief according to found facts and not to..........
Specific Relief Act, 1963, Section 38 -- Injunction - Suit to restrain defendants from interfering with possession of plaintiffs as tenants over land in dispute - Finding recorded under Section 145 Code of Criminal Procedure that de fendants in possession of land - Open to Civil Court to upset finding of possession recorded in proceedings under Section 145 Code of Criminal..........
Specific Relief Act, 1963, Section 12 -- Decree for specific performance for lesser share of property than agreed upon to be sold - Can be ordered subject to fulfilment of conditions enumerated in Section 12 - Harjirder Singh's case 1975 Rev. L. R. 327 D B. Distinguishable and rightly decided on facts of that case - Section 12 envisages passing of decree for specific..........
Specific Relief Act, 1963, Section 37(2), 38(3), 36, 6 -- Perpetual injunction, grant of - Essential pre-requisite - Some overt act on part of defendant to invade or a threat to invade plaintiff's right or commission of act on part of defendant contrary to plaintiff's rights - Except insofar as above contingencies, no perpetual injunction can be granted against defendant..........
