Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration and permanent injunction on the basis of agreement to sell - Limitation - Agreement to sell executed in the year 1987 and sale deed in favour of defendants executed in the year 1994 - Suit filed in the year 2004 - Nothing on record that steps were taken by plaintiff to get sale deed executed in his favour -..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for permanent injunction - Relief of declaration of title and recovery of possession sought on basis of subsequent event, as defendants encroached suit property and made constructions over it - Proposed amendment if permitted neither introduce change in nature and character of suit nor change frame..........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Plea of O.2.R.2 CPC - Cause of action for present suit for recovery of possession and earlier suit for permanent injunction are different - Plea of O.2.R.2 CPC does not apply...........
Civil Procedure Code, 1908, Order 23, Rule 1(3) -- Withdrawal of suit with liberty to file afresh suit - Suit for injunction - Affidavit filed by plaintiff discloses that formal defect in suit is unworkable prayer and sufficient grounds are shown that plaintiff purchased the property from defendant - There is thus, necessity for seeking declaration of title and relief of..........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration and permanent injunction - Maintainability - Where plaintiff established his possession and enjoyment of extent of his share inclusive of extra land as claimed by defendant, there is no need on part of plaintiff to institute suit for recovery of possession of disputed property - Suit for declaration and..........
Possession -- Suit for recovery, possession, mesne profits and permanent injunction - Entitlement to possession on the basis of title - Plea taken by defendant that property was not purchased by plaintiff with his own funds as he does not have any independent source of income - It does not render plaintiff disentitled to suit property as defendant does not claim that..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for declaration, possession and for permanent injunction - Amendment sought to incorporate additional prayer of possession by partition and recovery of mesne profits - Proposed amendment if allowed would change the nature of suit, which is not permissible in law - Moreover, there is no explanation,..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for recovery of possession and permanent injunction - Rejection of plaint sought on the ground that plaintiff has not sought relief of declaration of title to property - However, from the averments in the plaint, title claimed by plaintiff is not in dispute - It was thus, not incumbent upon..........
Specific Relief Act, 1963, Section 37, 38 -- Suit for permanent injunction - Suit for declaration, injunction and recovery of possession filed by defendant by way of counter claim - Plaintiffs in possession and enjoyment of suit property - Defendants have not produced any other document except patta to establish their title over property - Even otherwise, suit property is..........
Civil Procedure Code, 1908, Order 39, Rule 1 -- Interim injunction - Suit for recovery - Interim protection granted in 2006 by Division Bench in force till date - Said order was not challenged - After lapse of 11 years, vacation of injunction order sought on ground that suit is for recovery of damages - Said submission is unsustainable - Interim order passed by Division..........
