Civil Procedure Code, 1908, Order 7, Rule 11(d), Transfer of Property Act, 1882, Section 53A -- Rejection of plaint - Suit for permanent injunction restraining vendor from dispossessing purchaser from suit property - Agreement of sale entered into and earnest money paid by purchaser - No claim of relief of specific performance of contract - No averment regarding..........
Agreement to sell -- Specific performance - Suit filed for mandatory injunction directing defendants to execute and register sale deed of the suit land - After six years of execution of agreement to sell plaint got amended seeking relief of specific performance - By then, suit to claim specific performance of the agreement had become hopelessly barred - Held, relief of..........
Agreement to sell -- Specific performance - Ready and willing - Substantial amount of total sale consideration already stood paid - Injunction suit filed to restrain defendants from alienating suit land even prior to last date fixed for execution of sale-deed - Suit claiming relief of specific performance had been instituted within one week from last date for execution of..........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Bar to further suit - Applicability - Earlier suit filed by appellant for declaration and injunction - Execution of agreement of sale denied by respondent - Even after denial, appellant neither amended his plaint incorporating relief of specific performance nor filed separate suit - Held, subsequent suit filed for specific..........
Transfer of Property Act, 1882, Section 53A -- Part performance - Party in possession of property under an agreement of sale has not only a right to defend his possession in an action brought by transferor or any person claiming under him but he can also institute a suit for injunction to protect his possession by invoking doctrine of part performance even though his..........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Suit for specific performance of sale agreement - In plaint, plaintiff referred to some earlier suit which he filed for permanent injunction to put restrain on defendant from dealing with property subject matter of sale agreement - Defendant also filed written statement in that injunction suit -..........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Omission to sue for all reliefs - Sale agreement - Simple suit for injunction to restrain defendant from dealing with property subject matter of sale agreement - Plaintiff omitted to claim relief of specific performance, though same was available to him - Held, subsequently plaintiff will not be entitled to sue for relief of..........
Limitation Act, 1963, Article 64, Civil Procedure Code, 1908, Order 6, Rule 7 -- Adverse possession, alternative plea, inconsistent plea - Suit for injunction and fixation of boundary - Defendant claimed title in respect of suit property under oral agreement of sale allegedly executed with predecessor of plaintiff - Held, plea of adverse possession taken by such defendants..........
Specific Relief Act, 1963, Section 41(4) -- Injunction suit - Alternative remedy - Remedy to file suit for specific performance of sale agreement accrued to the plaintiff - Plaintiff filed suit for injunction - Held, suit for injunction is barred u/s 41 (4) of the Act when equally efficacious remedy is available to the plaintiff to file suit for enforcement of sale..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Suit for mandatory injunction directing defendants to execute a fresh agreement to sell in accordance with the agreement of sale and get the same registered and deliver the same to plaintiff - Ad interim injunction also sought on the plea that defendants are negotiating for selling the land in..........
