Agreement to sell -- Specific performance - Plaintiff making false and/or incorrect statement in the plaint which are very material - Plaintiff not entitled to relief of specific performance - Earnest money of Rs.30,000 and damages of Rs.10,000/- with interest @ 6% per annum from the date of decree of trial Court till its payment granted...........
Specific Relief Act, 1963, Section 6 -- Suit for recovery of possession - Physical possession immediately before dispossession is not necessary to allow relief of recovery of possession - Such possession may be a symbolic possession or constructive possession...........
Specific Relief Act, 1963, Section 6 -- Suit for recovery of possession - Person who is found in possession of suit property within six months prior to the date of institution of suit is entitled to get relief u/s 6 of the Act - For recovery of possession, plaintiff need not establish his title...........
Specific Relief Act, 1963, Section 6 -- Suit for recovery of possession - If a property is purchased for the benefit of minors, whether such property can be disposed off in any manner without permission of Court would be a question to be decided in appropriate suit and not in a suit u/s 6 of the Act...........
Specific Relief Act, 1963, Section 6 -- Suit for recovery of possession - Plaintiff has asserted that he was in possession through his tenants and sometime through his real brothers - One of tenant has come to support said fact that he was inducted in suit premises by plaintiff and after vacating suit premises, he has handed over key to plaintiff - Contention of defendant..........
Specific Relief Act, 1963, Section 34 -- Title suit - Plaintiff claiming on the basis of sale deed whereas defendant claiming on basis of Will - Will duly proved to be genuine - Owner of property under Will was neither a party to sale deed nor his mother affixed her signature therein in the capacity of being his guardian - Title did not pass under the sale deed - Sale deed..........
Will -- Cancellation - Registered Will - Instrument referred in S.31 Specific Relief Act also includes a Will - Competent civil Court has to be approached for cancellation of the same...........
Specific Relief Act, 1963, Section 34 -- Suit for declaration of civil death of a person on the ground that he is missing for more than 7 years - Suit is maintainable and not barred u/s 34 of the Act merely because further relief was not claimed...........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Trial Court, without assigning sufficient ground for substratum of constituting the offence, has wrongly observed that the role of petitioners is suspicious - No specific or cogent reasons have been assigned by Court as to how petitioners are involved in crime - Reasoning that police authority..........
Civil Procedure Code, 1908, Order 9, Rule 7 -- Ex parte order - Setting aside - Suit for specific performance - Reasons assigned by defendant for delay in filing application to set aside ex parte order not satisfactory - However, in view of the fact that substantial rights of defendant are involved in the suit and suit is coming up for evidence on defendants side, ends of..........
