Specific Relief Act, 1963, Section 20, 21, 22 -- Specific performance of agreement of mortgage with possession of suit property - Not proper after a lapse of more than 25 years to direct defendant to execute usufructuary mortgage in favour of plaintiff - Decree for specific performance declined - Defendant retained money and enjoyed fruits of that amount - Plaintiff..........
Civil Procedure Code, 1908, Order 7, Rule 7 -- Court can always grant a relief, though not prayed for, after it emerges out from facts and circumstances of the case...........
Specific Relief Act, 1963, Section 38 -- Injunction - Apprehended disturbance of right of passage - Where party seeking such relief has established his easementary right and specifically pleaded his apprehension of disturbance of his right, he is entitled to be granted relief, which cannot be denied to him merely because party against whom relief is sought has denied to..........
Agreement to sell -- Suit for specific performance - Comparative hardship - Vendor being hard pressed for money at relevant time for arranging his daughter's marriage, was compelled to agree to sell his dwelling house for low price - Court can rightly refuse to grant decree of specific performance, as that would render vendor homeless - Decree for refund of earnest money..........
Specific Relief Act, 1963, Section 6 -- Suit u/s 6 of the Act decreed by Single Judge of High Court exercising original jurisdiction - Appeal before Division Bench - Order is appealable invoking clause 15 of Letters patent...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Order 43, Rule 1(r) -- Temporary injunction - Appeal - Power of appellate Court to interfere with the order - Where party in possession, claiming his possession to be lawful and complaining of encroachment and threat of forcible dispossession, had made out prima facie, triable case and sought..........
Agreement to sell -- Suit for specific performance - Ready and willing - Party seeking specific performance must plead and prove that he was ready and willing to perform his part of contract at all time between date of contract and date of hearing of suit - Where time is made essence of contract, vendee found to be delaying performance of contract is not entitled to relief..........
Constitution of India, 1950, Article 226 -- Suppression of facts from Court and deliberately with-holding important documents/contumacious conduct of petitioner - Writ Petition deserves to be dismissed on that ground alone - Intention of petitioner to secure a favourable order by suppressing important facts and keeping Court in dark about true facts - Conduct of petitioner..........
Constitution of India, 1950, Article 226 -- Non-disclosure/concealment of material facts - Duty of petitioner to make full and candid disclosure of all facts and leave it to Court to determine whether relief to be given or not - Petitioner also under a duty to make all efforts to find out all facts of the case before filing the petition and cannot be heard to say that he..........
Specific Relief Act, Section 6 -- Ejected tenant basing his claim on the basis of possession alone - Can maintain a suit under Section 6 - Plea that Civil Court has no jurisdiction to entertain and try suit as plaintiff claims to be tenant - Not tenable - If cause of action is that tenant has been dispossessed - Decisions in Bhag Singh's case 1965 PLJ 38 FB, Jai Narain's..........
