Specific Relief Act, 1963, Section 38 -- Suit for possession - Development agreement between parties - No construction done by developer within 24 months period - Third party stepped into shoes of original developer - Said developer posted armed guards around property to prevent appellant from entering - Appellant is directed to deposit 20 crores in Court and upon said..........
Specific Relief Act, 1963, Section 41(h) -- Suit for injunction - Maintainability - No injunction can be granted if equally efficacious remedy is available by any other usual mode of proceeding...........
Specific Relief Act, 1963, Section 38 -- Permanent prohibitory injunction - A decree of permanent prohibitory injunction can only be issued if plaintiff is found to be in possession, especially when title is based on possession...........
Specific Relief Act, 1963, Section 38 -- Permanent prohibitory injunction - Plaintiff claimed his title on the basis of his possession - However, plaintiff dispossessed from a major portion of property during pendency of suit and he had not claimed any relief of possession - Plaintiff was out of possession and he cannot be put in possession, without his making a prayer for..........
Specific Relief Act, 1963, Section 31, Wakf Act, 1995, Section 5, 6, 40 -- Suit for cancellation of sale deed - On ground that property belongs to Wakf - Property in question never notified as Wakf property in official gazette - No objection raised by any person or Wakf Board for non-inclusion in list - Lapse of 50 years from date of gazette notification - Plaint not..........
Transfer of Property Act, 1882, Section 53A, Specific Relief Act, 1963, Section 16 -- Suit for specific performance - Expiry of period of limitation - No bar for a person in possession of an immovable property in part performance of a contract for transfer for consideration to assert the shield of S.53A of Transfer Property Act...........
Specific Relief Act, 1963, Section 16, Transfer of Property Act, 1882, Section 53A -- Suit for specific performance - Subsequent purchaser - No evidence brought on record to show that subsequent purchaser had knowledge of previous sale - No evidence that first purchaser was ready and willing to perform the contract - First purchaser not entitled to protection of S.53A of..........
Specific Relief Act, 1963, Section 16, Transfer of Property Act, 1882, Section 53A -- Suit for specific performance - Protection of a prospective purchaser/transferee of his possession is available subject to the following prerequisites, (i) There is a contract in writing by the transferor for transfer for consideration of any immovable property signed by him or on his..........
Specific Relief Act, 1963, Section 36, 38 -- Injunction - Person who has no legal rights to stay in suit premises, is not entitled to discretionary relief of injunction because grant of relief of injunction is a discretionary relief as per Ss.36, 38 of the Act - Moreover, no injunction shall be granted to a trespasser...........
Specific Relief Act, 1963, Section 34 -- Suit for declaration and permanent injunction - Maintainability - Once plaintiffs have failed to prove their title over vacant suit land, they cannot claim that they are in possession of it - Since physical possession of land is not with plaintiffs, simplicitor suit for declaration and permanent injunction, not maintainable...........
