Specific Relief Act, Section 12(2) -- Specific performance of agreement to sell - Whole of land comprised in agreement to sell not exclusively owned by defendant - Land of which defendant exclusive owner (including land to which entitled as a co-sharer) - Suit for possession rightly decreed under Section 12(2) to the extent of land in exclusive ownership of defendant...........
Specific Relief Act, 1963, Section 6 -- Suit for possession by person dispossessed of immovable property - Burden lies on the plaintiff to prove that he was forcibly dispossessed within six months prior to date of institution of suit otherwise than by due process of law - Title of parties not required to be looked into for that purpose...........
Civil Procedure Code, 1908, Section 115, Specific Relief Act, 1963, Section 6 -- Suit for possession by person dispossessed of immovable property - Legitimacy of claim cannot be tested without looking into oral evidence - Though appreciation of oral evidence cannot be gone into in revision, it is permissible to go through oral evidence in matters relating to S.6 of..........
Specific Relief Act, 1963, Section 20 -- Unless it is specifically pleaded and proved that one of the conditions mentioned in S.20(2) exists, the decree for specific performance cannot be refused...........
Specific Relief Act, 1963, Section 34 -- Suit for declaration - Limitation - Plaintiff continued to remain in possession even after defendant was shown as owner to the extent of half share in the record of rights - Cause of action arose when defendant denied the right of the plaintiff in the property. (Limitation Act, 1963, Art.58)..........
Limitation, Article 58,113 -- Plaintiff seeking declaration of title in property and defendant denying plaintiff's title - Suit under Section 34 Specific Relief Act - There can be no right to sue until there is accrual of right asserted in the suit and its infringement or at least a clear and unequivocal threat to infringe that right, by defendant against whom suit is..........
Constitution of India, 1950, Article 226 -- Unless allegations made in writ petition and a relief to that effect also prayed - High Court not justified in issuing any order in excess of relief prayed for...........
Punjab Gram Panchayat Act, Section 13C, 13G, 13O, 13B -- Amendment of election-petition seeking to add a new claim or a new relief beyond period of limitation - Cannot be allowed - Amendment seeking substantive relief of declaration moved beyond period of limitation prescribed for filing election-petition - Cannot be permitted - Civil Procedure Code, Order 6 Rule 17...........
Civil Procedure Code, 1908, Order 2, Rule 2 -- In order to attract the bar of O.2.R.2 CPC it has to be established that the cause of action in two suits is the same and that the plaintiff in the former suit could have sought the relief sought by him in the subsequent suit...........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Agreement to sell - Suit for injunction filed when a right had accrued to the plaintiffs to sue for specific performance of the contract - Plaintiffs not only omitted to sue for specific performance of the contract or for recovery of earnest money/liquidated damages but also did not seek any leave of the Court to sue for such..........
