Agreement to sell -- Specific performance - Suit for specific performance does not come to an end on passing of a decree and Court which has passed decree for specific performance retains the control over decree even after decree has been passed...........
Specific Relief Act, 1963, Section 28 -- Decree for specific performance - Decree for specific performance has been described as a preliminary decree - Power u/s 28 of the Act is discretionary and Court cannot ordinarily annul decree once passed by it - Although power to annul decree exists yet S.28 of the Act provides for complete relief to both parties in terms of decree..........
Specific Relief Act, 1963, Section 28 -- Decree for specific performance - Doctrine of merger - Trial court while allowing suit for specific performance had specifically directed that plaintiff shall deposit balance sale consideration with Court within 20 days from date of judgment passed by trial Court - Contention that decree passed by trial Court can be affirmed by High..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Bar of civil Court jurisdiction - Land in question, as of date, is a municipal land used for residential purposes - Land not being agricultural land as defined u/s 5(24) of Rajasthan Tenancy Act, suit would definitely lay before civil Court only - Application rightly rejected...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit is at the preliminary stage - Application for amendment filed at the very inception - Reliefs as prayed for pertain to same property and parties to dispute are also same - As regarding objection of non-serving of notice in terms of S.304 of Rajasthan municipalities Act, same can be raised by..........
Civil Procedure Code, 1908, Order 1, Rule 3A -- Separate trial - When joinder of defendants may embarrass or delay the trial of suit, separate trial is required...........
Hindu Law -- Joint Family property - Plaintiff miserably failed to prove ancestral nature of property - There is no evidence on record regarding property being owned by Joint Hindu Family - Plaintiff having no right in property sold by defendant No.6 in favour of defendants No.1 to 5 was not competent to maintain suit for possession...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for declaration - Plaintiffs not recorded Khatedars in respect of agricultural land - Unless plaintiff get their Khatedari rights declared by revenue Court, civil suit for declaration of sale deed as null and void is not maintainable - Plaint rejected...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for declaration and injunction - Defendant Nos.1 to 8 had appeared before Trial Court, however were not diligent in prosecuting the case by not only in filing the written statement but also producing the relevant documents to substantiate their right over the property in question - Both the Courts below have..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Documents sought to be produced are only revenue records and same would not enure to the benefit of defendants to substantiate their right over the property in question in view of registered partition deed produced in the suit - Application dismissed...........
