Specific Relief Act, 1963, Section 31, Transfer of Property Act, 1882, Section 54 -- Sale deed - Cancellation - A document is not invalidated for the mere fact that consideration was not paid before the Sub Registrar...........
Specific Relief Act, 1963, Section 34, 31 -- Suit for declaration of title without seeking relief of setting aside sale deed alleged to be the result of fraud and coercion - Plaintiff claimed himself to be a weak intellect and not worldly wise - Not believable as he acquired properties, sell them and manages of his own accord and lends money to others...........
Specific Relief Act, 1963, Section 34 -- Suit for declaration - Sale deed executed and possession delivered in execution of decree for specific performance - Pendente lite transfer of property during pendency of execution proceedings - Plea of bona fide purchase for valuable consideration without knowledge of alleged defect in title and that in the suit for specific..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration - Plea that further relief of possession not sought - Plea that it was only symbolic possession which was delivered in execution of decree for specific performance - Held, even symbolic possession amounts to delivery of possession - Even in the sale deed executed in pursuance of execution of decree it was actual..........
Specific Relief Act, 1963, Section 37, 38 -- Injunction - Person in settled possession can be dispossessed only by taking recourse to procedure prescribed by law...........
Specific Relief Act, 1963, Section 37, 38 -- Injunction - Trespasser in settled possession - Unless he is evicted in due course of law, he is entitled to defend his possession even against the rightful owner...........
Specific Relief Act, 1963, Section 37, 38 -- Injunction - Person in peaceful and settled possession if dispossessed by use of force during pendency of appeal - Entitled to restoration of possession...........
Specific Relief Act, 1963, Section 16(c) -- Agreement to sell - Suit for specific performance - Held, it is mandatory to allege by the plaintiff that he was always ready and willing to perform his part of the contract...........
Specific Relief Act, 1963, Section 16(c) -- Agreement to sell - Stipulations in the agreement that seller will reconvey the property by a certain time - Held, in contracts relating to Reconveyance of property, time is always the essence of the contract...........
Specific Relief Act, 1963, Section 20 -- Specific performance - It is discretion of Court to grant relief of specific performance - Court is not bound to grant such relief merely because it is lawful to do so and exercise of discretion to order specific performance require Court to satisfy itself that the circumstances are that it is equitable to grant decree of specific..........
