Specific Relief Act, 1963, Section 28, 16 -- Suit for specific performance - In the decree two months time granted to deposit balance sale consideration - Neither amount deposited nor any application for extension of time filed within two months - In execution proceedings initiated after 5 years of decree, extension of time sought - Held, no extension could be granted..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Whether new pleas inconsistent with written statement can be added or not - Specific plea taken of being a joint tenant - To incorporate plea that their father was tenant and he was member of Hindu Undivided Family - Altogether a new defence - Party cannot be allowed to take pleas changing..........
Agreement to sell -- Suit for specific performance - Transferee put in possession on payment of full consideration amount - Sale deed to be executed within 5 years from date of agreement - Death of transferor within said 5 years and notice for eviction served on transferee by L.R's of transferor - Suit for specific performance filed by transferee against L.R's of..........
Agreement to sell -- Suit for specific performance - Additions and alterations in the agreement - Date 15.11.87 altered as 15.11.88 - Period agreed upon for completion of the transaction altered - It is a material alteration and was made without consent of defendant - Suit must fail...........
Specific Relief Act, 1963, Section 9 -- Suit for specific performance of agreement of sale - Defendant admitted execution of agreement but denied extension of time for execution of sale deed - Date 15.11.87 altered as 15.11.88 - Material alteration as it affected liability of defendant for it extended time within which plaintiff allowed to sue - Renders document void -..........
Specific Relief Act, 1963, Section 20 -- Agreement to sell - Suit for specific performance - Land owned by father and son in equal shares - Agreement proved to be executed only by son and not by father - No proof that father also received his part of consideration money - Evidence produced indicating that father not willing to sell the land - Agreement thus executed by..........
Specific Relief Act, 1963, Section 38 -- A suit for bare injunction is maintainable without a prayer for declaration of title...........
Specific Relief Act, 1963, Section 38 -- Suit for perpetual injunction - Plaintiff need not get his plaint amended as soon as his title is disputed in the written statement filed by defendant - In a suit for injunction the primary question to be considered is one of possession on the date of filing of the suit - However, question of title can be gone into incidentally - A..........
Specific Relief Act, 1963, Section 6 -- Tenant forcibly evicted without following due process of law - No specific provision in Rent Control Act to recover possession - Suit for recovery of possession maintainable inspite of existence of relationship of landlord and tenant between parties to suit - Plaintiff-tenant entitled to be put in possession by defendants-landlords...........
Specific Relief Act, 1963, Section 34 -- Suit for declaration - Relief cannot be granted if disputed property is in excess of title deed of plaintiff - Plaintiff cannot succeed on weakness of defendant's case - Plaintiff must establish his own case on the strength of his own title deed - Title deed of plaintiff not extending to disputed site - Plaintiff, therefore, not..........
