Agreement to sell -- Specific performance - Earlier suit for bare injunction filed in 2001 - Possession had been handed over to plaintiffs pursuant to agreement - However, in subsequent suit for specific performance, delivery of vacant possession is prayed stating that defendants failed to hand over possession within stipulated time - This inconsistency in plaintiffs own..........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Issue as regards to claim of defendant that he has been in occupation of property for nearly 60 years already decided against him in injunction suit filed by him - Defendant has not proved his title to property in said suit, thus his present claim is barred by principles of res-judicata...........
Specific Relief Act, 1963, Section 34 -- Suit for declaration of title and recovery of possession - Defendant had trespassed and entered upon possession of property - Even in injunction suit filed by defendant, he had admitted that he had been in possession of 100 Sq.Ft of land in Schedule-A property as a lessee only - He had not whispered his occupation of Schedule-A..........
Damages -- Damages for use and occupation of property under Schedule-B - Property in question purchased by plaintiff and in a portion, defendant was granted license to take care of cattle belonging to her - Since, there was no necessity for continuation, such license was revoked - Defendant has been in unlawful possession of suit property - In spite of order of ejectment..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Partition suit - Plaintiff and defendants both are having equal right over property in dispute unless it is divided as a consequence of partition suit - Therefore, to protect the property there is prima facie case and balance of convenience in favour of plaintiff as well as defendants also - Though..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for cancellation of sale deed and for perpetual injunction - Specific case of plaintiff is that defendant had obtained sale deed under coercion and by playing fraud and misrepresentation and no sale consideration has been paid to him - Cause of action is mixed question of facts and law and aspect of..........
Specific Relief Act, 1963, Section 38, 39 -- Permanent and mandatory injunction - Revenue records reflected joint ownership of suit land - Defendant admitted family settlement and plaintiff's exclusive possession of portion of suit property - Defendant's unambiguous acknowledgement of family arrangement carried decisive weight in upholding plaintiff's claim - Courts below..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Anti-suit injunction - Court can issue anti-suit injunction despite the fact that other party had resorted to legal proceedings outside India...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for permanent injunction - Whether plaintiff is signatory to agreement and whether plaintiff handed over physical possession of land in question to defendants, is a question of fact which cannot be gone in while considering application for rejection of plaint - Application rightly rejected...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for permanent injunction - Objection that suit is barred by S.41 of Specific Relief Act can very well be considered by trial Court at an appropriate stage - Application rightly rejected...........
