Consumer Protection Act, 1986, Section 2, 17 -- Housing - Delay in handing over possession - Claim for compensation - Held that after taking over the possession of the plot/house and entering into Hire Purchase Tenancy agreement the complainant is not entitled to any relief on the ground that there has been unnecessary delay in the construction of the house and development..........
Specific Relief Act, 1963, Section 37 -- Suit for permanent injunction - Plaintiff was dispossessed though unauthorisedly a few months prior to the institution of suit - Decree for injunction cannot be granted - Court ought to have asked plaintiff to amend plaint thereby seeking relief of possession as an alternative plea...........
Agreement to sell -- Suit for specific performance - At the concluding portion of the agreement a sentence appearing which reads 'I promise that I shall get the mutation to the estate of Lila Wati sanctioned at an early date and execute sale deed after sanctioning of mutation' - As per terms of agreement first sale deed to be executed on or before 1.6.1981 and the second..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Market Committee - Advertisement inviting offers for allotment of shops - Injunction retraining Committee from making allotment of shops - Ad interim injunction granted by trial Court and confirmed by High Court - Respondents did not have any concluded right to seek for enforcement against Market Committee - Courts failed..........
Unclean hands -- Party who makes false allegations, does not come with clean hands and is not entitled to the equitable relief of specific performance...........
Specific Relief Act, 1963, Section 16(c) -- Ready and willing - It is obligatory on the part of either of the parties to agreement to perform his or her part of the contract - It is not obligatory to tender entire sale consideration or deposit in Court to show readiness...........
Specific Relief Act, 1963, Section 37, 38 -- Perpetual injunction - Restraining defendant from obstructing the construction over the suit properly - Proof of ownership - Ownership claimed of an area measuring 46' x 33 - 1/2' - Sale deed showing the measurement of the property to be 33 - 1/2' x 33 - 1/2' - Held, plaintiff havingfailed to establish ownership over piece of..........
Specific Relief Act, 1963, Section 37, 38 -- Plaintiff tenant in the suit land - No order of eviction against plaintiff - Not the case of defendant that plaintiff relinquished his tenancy rights by any valid relinquishment deed - Held, a tenant in possession is legally presumed to remain in possession till evicted by a Court of competent jurisdiction - Appeal against order..........
Agreement to sell -- Suit for specific performance - Joint Family Property - Agreement executed by father as Karta of joint family consisting of himself and his sons (one major and six minors) and signed by father and major son - Defendants raising plea that agreement was obtained by fraud or misrepresentation not established - Evidence disclosing that family was indebted..........
Specific Relief Act, 1963, Section 37, 38 -- Co-sharer - Injunction cannot be issued restraining the co-sharer from alienating the property till such time the land is partitioned - Sale of even a specific portion out of the joint land by a co-sharer shall be deemed to be sale of a share out of joint land...........
