Specific Relief Act, 1963, Section 38 -- Permanent injunction - Plaintiff leased out the suit property to defendant no.1 and also empowered him to lease out the same to second defendant for the purpose of putting up a retail outlet - No case is made out that defendants intended to sub-lease the suit property to any other third party - While the plaintiff consented for..........
Agreement to sell -- Specific performance - Plea of joint ownership - Defendants admitted the execution of a contract of sale in written statement which is signed by defendant no.2 later on - No documentary evidence is produced on record to show that they are entitled to share in the suit property by succession - Merely stating that it is ancestral property of father is..........
Court Fees Act, 1870, Section 16, Civil Procedure Code, 1908, Section 89 -- Refund of Court fee - Out of Court settlement - Civil suit dismissed on an application filed U.O.23.R.1 CPC, as plaintiff does not want to continue the proceedings - Parties have entered into an outside Court settlement and does not want indulgence from Court for outside Court settlement - In such..........
Specific Relief Act, 1963, Section 38 -- Suit for injunction - Public pathway - Grant of injunction - Plea that Courts below ought not to have granted a decree for injunction restraining the other member of the public from using the suit property - Plaintiff proved his possession over suit property by producing village register - Physical features noted by Advocate..........
Easements Act, 1882, Section 15 -- Easement - Right of pathway - Plaintiff's predecessor in interest was given right to use pathway and it includes right to carry the cattle along with them - Unless the right to carry the cattle is allowed, it may not be possible for parties to use the pathway as access to reach their agricultural land and carry out agricultural operations..........
Specific Relief Act, 1963, Section 38 -- Suit for injunction - Question involved in suit pertains to possession and does not relate to dispute involving title - Plaintiff proved his possession, supported by documentary evidence in the form of revenue records - In case defendant has any right over subject properties, he can claim possession from plaintiffs, only by..........
Agreement to sell -- Specific performance - Agreement with only one of the co-owners - Suit filed on the last day of limitation inspite of having knowledge of sale deed executed in favour of defendant Nos.12 to 14 - Suit having been preferred after a long delay, plaintiff is not entitled for specific performance - Dismissal of suit by High Court, upheld...........
Agreement to sell -- Specific performance - Agreement with only one of the co-owners - Suit filed on the last day of limitation inspite of having knowledge of sale deed executed in favour of defendant Nos.12 to 14 - Suit having been preferred after a long delay, plaintiff is not entitled for specific performance - Dismissal of suit by High Court, upheld...........
Easements Act, 1882, Section 13 -- Easement by necessity - Right of way - Vague pleadings in the plaint which do not specifically state that plaintiff had been using rasta in dispute for over 20 years - Findings of Courts below that there is an alternative way to access the Dominant Heritage which may be a little far away or longer which demolishes the easement of..........
Hindu Marriage Act, 1955, Section 16 -- Legitimate/illegitimate children - Marriage between parents of plaintiff during subsistence of previous marriage can be a matter of presumption - However, by operation of S.16(1) of the Act, children born in second marriage become legitimate and entitled to property of father...........
