Civil Procedure Code, 1908, Section 151 -- Additional evidence - Suit for possession by way of specific performance and permanent injunction - Documents proposed to be tendered in evidence include certified copies of jamabandies - These jamabandies can certainly be tendered being per se admissible - However, with regard to notarized photocopy of sale deed, these..........
Agreement to sell -- Specific performance - Delay and latches - Defendant cancelled the agreement by sending notice which was duly received by plaintiff - Though plaintiff kept on replying to notices sent by defendants, but he did not take any positive step in order to get agreement to sell enforced - Even, defendant filed a suit for permanent injunction in which..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Status quo order - Suit for specific performance - Prima facie there is dispute qua possession of property, which can only be decided on basis of evidence which will be led by parties during trial - Question that defendant should be allowed to raise construction on disputed property will mean that a..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Temporary injunction - Suit for specific performance - Claim that suit property be preserved and protected during pendency of suit and restraining defendant from alienating, selling, disposing, encumbering or changing nature of suit land - Plaintiff claiming to be present in the office of Sub Registrar with..........
Agreement to sell -- Specific performance - Mere fact that plaintiff in a suit for specific performance prays for protection of his physical possession, same would not amount to a suit for protecting physical possession only - If ultimately such suit is dismissed by Court while refusing to grant relief of specific performance of agreement to sell then of course plaintiff..........
Specific Relief Act, 1963, Section 38 -- Injunction - Suit for specific performance and injunction - Restraining defendants from operating factory - Defendant's control and possession over factory admitted in plaint - In a suit for specific performance of this nature, where defendant's ownership, possession and control over factory are admitted, there was thus, no scope to..........
Transfer of Property Act, 1882, Section 52, Civil Procedure Code, 1908, Section 96, 100, Order 22, Rule 10 -- Transfer pendente lite - During pendency of suit for specific performance and also in violation of ad interim injunction - Irrespective of any bona fides, transferee pendente lite is bound by the decree being passed by trial Court - Purchase of property during..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for specific performance and permanent injunction - Oral agreement to sell is not valid as per J&K Transfer of Property Act - Relief of permanent injunction sustainable independently of relief of specific performance - There is no provision or concept of partial rejection of plaint - Plaint can..........
Civil Procedure Code, 1908, Order 23, Rule 1(3) -- Withdrawal of suit with liberty to file fresh suit for damages - Suit for declaration, permanent and mandatory injunction - Plaintiff neither in application contended that there is a formal defect because of which suit must fail, nor trial Court adverted on said aspect - Requirement U.O.23.R.1(3) CPC for grant of liberty..........
Agreement to sell -- Specific performance - Legal notice claiming readiness and willingness issued on 12.11.1996 but suit filed on 13.10.1999 and that too for mandatory injunction - Plaintiff not entitled to discretionary relief of specific performance...........
