Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration and permanent injunction - Plaintiff sought right over property on the basis of agreement of sale - Execution of sale agreement does not convey any right in respect of suit property unless execution of registered sale deed to be made in favour of plaintiff, where suit property is immovable property worth..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendants from interfering in possession of plaintiff - Revenue authorities have already partitioned suit land - Possession of specific portion of suit land was handed over to plaintiff - Defendant thus, cannot interfere in possession of plaintiff, as partition proceedings stands..........
Mutation -- On basis of Will - Where Will is executed in accordance with law and produced before a Municipal Officer, neither Will is evidence as provided under Evidence Act nor Municipal Officer a Court - Thus, for the purposes of Municipal records, a will which is executed in accordance with law and is not disputed can be relied upon to mutate the names of persons, who..........
Concealment of material facts -- Previous litigation - Concealment of material facts regarding previous litigation with his father and settlement arrived therein - Dismissal of suit calls for no interference...........
Agreement to sell -- Suit for specific performance - Ready and willing - Mandate of statue is not dependent upon defence raised by defendant...........
Agreement to sell -- Specific performance - Defendant not denied the execution of agreement but stated that same was executed by defendant at the time when he was not in his proper senses owing to old age - Defendant opted to appear through his special power of attorney (SPA) and himself remained absent - Special power of attorney admitted that his grandfather/defendant..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendants from obstructing lawful possession of plaintiff - Claim of defendants having any title over property is itself in question in as much as claim for partition was made against husband and father of defendants - Since said partition suit was dismissed for non-prosecution, they..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Plaintiff by way of amendment application want to change the entire nature of suit from recovery suit to one for mandatory injunction - Amendment if allowed at this stage would amount to a de novo trial which cannot be permitted in law - Application rightly dismissed...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for declaration - Proposed amendment is very much related to subject matter of suit property - In order to determine the real issue in controversy between parties, proposed amendment is required to be allowed since without particulars of measurement of encroached land of homestead property, it would..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Rejection of earlier suit U.O.7.R.11 CPC does not bar fresh suit on the same cause of action provided right of action is not barred by law of limitation...........
