Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit for specific performance - Preservation of property is fundamentally important lest a judgment and decree in favour of plaintiff subsequently passed is rendered incapable of execution - Thus, it is proper in facts of case to restrain defendant from alienating, transferring or otherwise creating..........
Agreement to sell -- Specific performance - Grant of decree of recovery of earnest money - No reason forthcoming as to why plaintiff kept mum for a long period of 22 years after execution of agreement to sell - Nothing on record to support the plea that plaintiff kept on asking defendant for execution of sale deed in his favour at any point of time - Held, long delay in..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Suit for mandatory injunction directing defendant to execute sale deed after receiving Rs.1,45,83,33/- - Held, since this obligation came through an earlier decree, plaintiff's contention that it was not a specific enforcement of an agreement of sale is fallacious - Right which Court was granting was not a right in property..........
Adverse possession -- Time spent in adjudication of suit and appeal whether arrests the running of time for the purpose of adverse possession : (1) When a person entitled to possession does not bring a suit against the person in adverse possession within the time prescribed by law his right to possession is extinguished - From this it only follows that if the former..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleading a party - Suit for specific performance - Transferee pendente lite - Law as to - (i) a contract of specific performance is enforceable against the parties to the contract including those who are claiming under them; (ii) It is not enforceable against a subsequent transferee for value who has paid money in good..........
Specific Relief Act, 1963, Section 22 -- Refund of earnest money - Agreement for sale of immovable property - Deficiency in extent of property found when buyer conducted survey of property on being suspicious of artificial clause in agreement regarding buyer's/plaintiff satisfaction with extent of property - Parties agreed to execute new agreement incorporating correct..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence - Permission to adduce - Plaintiffs at time of filing plaint concealed true facts about previous partition and obtained decree in their favour - However, during pendency of appeal they admitted true fact by executing registered sale deeds - They failed to explain admission made by them in registered sale..........
Civil Procedure Code, 1908, Order 20, Rule 18, Civil Procedure Code, 1908, Order 41, Rule 27 -- Partition suit - Plaintiffs at time of filing plaint concealed true facts about previous partition and obtained decree in their favour - Clear admission made by plaintiff and their heir in sale deeds executed during pendency of appeal to effect that there had been partition..........
Civil Procedure Code, 1908, Order 34, Rule 1 -- Suit for enforcement of mortgage - Preliminary decree passed in favour of bank - Non compliance of decree and decretal amount not deposited - To contest final decree proceedings Court directed defendant to furnish solvent security towards due satisfaction of claim of bank...........
Specific Relief Act, 1963, Section 20 -- Specific performance - Held, if under terms of contract, plaintiff gets an unfair advantage over defendant, Court may not exercise its discretion in favour of plaintiff - Specific relief may not be granted if defendant would be put to undue hardship which he did not foresee at the time of agreement - If it is inequitable to grant..........
