Contract Act, 1872, Section 65, Limitation Act, 1963, Article 47 -- Transfer of property by registered sale deed - Suit for possession or in alternative refund of amount of consideration - Sale deed found void - Transferor admitted execution of sale deed and receipt of amount of consideration - Refusal to grant relief of refund of amount of consideration in suit filed..........
Specific Relief Act, 1963, Section 37, 38 -- Auction of trees by Tehsildar - Sale, subject to confirmation by State Govt. - Plaintiff declared successful bidder - No confirmation order passed - Re-auction proposed - Suit for injunction restraining State from reauctioning the trees - Held, till bid is confirmed State continues to be the owner of trees - Unless ownership..........
Specific Relief Act, 1963, Section 39 -- Mandatory injunction - Contract - For contracts which could not be enforced specifically, mandatory injunction cannot be granted...........
Specific Relief Act, 1963, Section 37 -- When possession is claimed on the basis of sale - deed only and the sale - deed is found to be forged one, it is the only conclusion that possession was never transferred...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for specific performance - After four years amendment of plaint sought to add relief of refund of money - Amendment sought time barred - Rightly rejected - Relief not prayed for within time, cannot be permitted to be added after expiry of time. (Specific Relief Act, 1963, S.22)..........
Specific Relief Act, 1963, Section 37 -- Perpetual injunction - Person in possession of property though under a void transaction is entitled to relief of injunction against third parties who have no right to such property - He continues to be in possession till he is evicted by appropriate authority - Held, plaintiff is entitled to injunction prayed for...........
Specific Relief Act, 1963, Section 16(c) -- Even in case where prayer for reconveyance is made in suit for specific performance of said agreement requirement of S.16(c) regarding readiness and willingness has to be complied...........
Punjab Co-operative Societies Act, Section 55, 56, 2(j) -- Agree-ment between private party and Co-operative Bank provides that dispute between the parties will be referred to Registrar Co-operative Societies Haryana for arbitration-Dispute outside the purview of the Act-Arbitrator named alone has power to decide the dispute-Assistant Registrar (not discharging or..........
Specific Relief Act, 1963, Section 28(3) -- After a decree for specific performance the remedy of the purchaser is to apply under S.28(3) - No separate execution petition is necessary...........
Agreement to sell -- Suit for specific performance - Refund of earnest money when not specifically claimed - Suit dismissed on finding contract as unenforceable - Court can grant relief of refund of earnest money with interest thereon even where party has not expressly claimed such relief in plaint...........
