Agreement to sell -- Specific performance - Readiness and willingness - Plaintiff except stating that he has balance of Rs.5,18,497/- in his bank account and issuing several notices, has done nothing - Plaintiff's readiness is not backed by willingness - Element of willingness is absent in the case - Relief of specific performance rightly denied to plaintiff - Refund of..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Objections - Once specific objection is raised that Local Commissioner has not demarcated the land as per law, Court at the first instance, ought to examine the legality and correctness of the report submitted by the Local Commissioner...........
Transfer of Property Act, 1882, Section 109 -- Eviction suit - Transfer of property by original landlord to transferee during pendency of suit - Specific averment made in sale deed that eviction suit is pending before SCC Court and authority is given to transferee to contest the suit - There is no dispute that it also includes right to recover rent - Transferee therefore,..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of LRs of transferee - Eviction suit - Interest has devolved in favour of transferee after execution of sale deed by original landlord - Sale deed is having specific averment about pendency of SCC suit for arrears of rent and eviction - Since during pendency of suit proceedings, transferee died, his LRs were..........
Agreement to sell -- Specific performance - Readiness and willingness - Issue decided against plaintiff by holding that plaintiff had not given notice to defendant whereas plaintiff in his pleadings and in evidence clearly stated that he had asked several time to the defendant for execution of sale deed - Trial Court wrongly decided the issue - Suit decreed - Defendant..........
Agreement to sell -- Specific performance - Plaintiff proved that he was ready and willing to perform his part of contract and is even now ready and willing to do so - Contract had failed on account of defendant backing out - Relief of specific performance wrongly denied to plaintiff without giving any cogent and convincing reason by trial Court - Plaintiff is entitled to..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Quashing of proceedings - Cheque was issued by A-1 and A-2 - No specific allegation that same was issued with knowledge of petitioners - No case is thus, made out against petitioners on the basis of general, vague and omnibus allegation that cheque was issued fraudulently and dishonestly in order to..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Plaintiff filed suit for declaration of 1/6th share and for permanent injunction - It cannot be said at this stage, that suit is not maintainable in view of S.34 of Specific Relief Act - Application U.O.7.R.11 CPC dismissed...........
Specific Relief Act, 1963, Section 34 -- Suit for declaration of title on basis of adverse possession - Defendants filed counter claim seeking relief of possession - Plaintiff failed to prove acquisition of title over suit land by way of adverse possession - True owners were within their right to claim possession of suit land from plaintiff on basis of their title -..........
Prevention of Corruption Act, 1988, Section 17A -- Prior approval - Source report of public with general allegations of illegal, improper exercise of powers in violation of prescribed procedure by taking bribes by accused was enquired into - Investigation carried out by respondent was not in relation to any specific decision or recommendation made by accused of the nature..........
