Specific Relief Act, 1963, Section 38(3)(d) -- Permanent injunction - Consequential relief of permanent injunction sought in a declaratory suit for easement - Once plaintiff having established easementary right over suit land, then order to enjoy that declaratory decree consequential relief of permanent injunction ought to have been in his favour, otherwise, it would give..........
Specific Relief Act, 1963, Section 38, 39 -- Suit for permanent and mandatory injunction - Encroachment by defendants - Plaintiff had set up a clear case regarding property in question being of `R' who had executed Will in favour of plaintiff and they have been in possession - Plea taken by defendants that property was joint land is not proved - Encroachment made by..........
Specific Relief Act, 1963, Section 28 -- Extension of time - Decree for specific performance - JD was directed to obtain Non-Agriculture permission from concerned authority within a period of 2 months and then execute sale deed of suit land in favour of DH - Said term indicates that DH was not directed to deposit amount of balance consideration within a time frame - It was..........
Consent decree -- Family settlement by a Hindu female with her nephews (brothers sons) - Hindu female succeeded to half share of her husband in agricultural land after his death - She was absolute owner of said half share when she entered into family settlement with his nephews/defendants - Defendants being brother's son of female are not strangers to family - Consent..........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Restraining defendant from raising any construction or changing nature of property - Defendant already got permission to change the use of land from competent authority and started construction thereof, as he purchased specific portion of property through a registered sale deed - Once permission for changing..........
Allotment of land -- Development agreement executed between APIIC and Unitech - Breach of agreement - Refund of amount paid - APIIC made allotment of land subject to outcome of pending litigation - Unitech paid total purchase price not in dispute - Failure of title in erstwhile APPIIC and Government of A.P attained finality - Failure of title entitles Unitech to claim a..........
Urban Lands (Ceiling and Regulation) Act, 1976, Section 6 -- Vacant land in excess of ceiling limit - Determination of excess land is to be made considering status of land at the time of commencement of the Act and not at the time of filing of declaration...........
Urban Lands (Ceiling and Regulation) Act, 1976, Section 6 -- Vacant land in excess of ceiling limit - Joint family Property - Partition of land was only affected after commencement of Act - Partition deed rightly held, would not affect validity of competent authority's determination of excess land owned by joint family at the time of commencement of the Act...........
Urban Lands (Ceiling and Regulation) Act, 1976, Section 6 -- Vacant land in excess of ceiling limit - Question of possession of suit property is absolutely material to a full adjudication of controversy in question - However, there is nothing on record that conclusively establishes possession of suit property either by competent authority or appellant - Given the..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - `To do all lawful acts' a clause in the power of attorney does not authorise the attorney to sell the land - Acts mentioned in the Power of Attorney are in respect of Court proceedings - There is no clause permitting attorney to sell the property or to enter into any agreement to sell - In the absence of..........
