Agreement to sell -- Specific performance - Real intention of parties was never sale of land but was to secure loan advanced by plaintiff to defendants during course of their transactions, as plaintiff was working as a commission agent - More so, despite a substantial payment out of sale consideration having been made as earnest money, still a long period of one year was..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendant from raising any construction or changing nature of suit land till same is partitioned in accordance with law - Defendant after having purchased portion of suit land from his father, raised construction during his life time - No specific denial to said fact by plaintiff -..........
Agreement to sell -- Specific performance - Pleadings and evidence contradictory - Nothing in respect of oral agreement as stated by plaintiff in the agreement to sell Exh.35 - As per the pleadings, possession was handed over to him on the day of Gudi Padwa of the year 2006 - But document (Exh.35) itself shows that possession would be given to the plaintiff at the time of..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendants from raising any construction or changing nature of suit land - On perusal of Jamabandi as well as copies of sale deeds placed on record, Defendant nos. 3 and 4 are in possession of suit land - Plaintiffs are not recorded as owners of suit land - They cannot be said to have any..........
Specific Relief Act, 1963, Section 54, Limitation Act, 1963, Section 21 -- Substitution or addition of new defendant - Suit for specific performance - Transferee to whom subject matter of sale agreement or part thereof is transferred is a necessary party to suit for specific performance - However, by the time vendee filed an application to implead transferee, suit for..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for cancellation of sale deed - Agricultural land - Issue as raised in plaint pertains to sale deed being voidable - Civil Court has jurisdiction to try said suit - Bar created by S.207 of Rajasthan Tenancy Act had no application - Application rejected...........
Civil Procedure Code, 1908, Order 14, Rule 5 -- Framing of additional issues - Issue regarding possession - Partition suit - Plaintiff filed suit seeking its division by metes and bounds and in alternative, he has prayed for sale of property by auction and for distribution of sale proceeds inter se parties to the extent of shares claimed in suit - Relief of possession is..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for declaration of title and permanent injunction - Concurrent findings of fact of two Courts below based on evidence available on record that title over suit property is passed in favour of plaintiffs after execution of sale deeds by father of defendant no.1 in their favour - Said findings neither perverse..........
Adverse possession -- Possession stated to be on account of consideration paid - Transaction did not fructify into sale deed - Sill the date when such possession became adverse has to be set out...........
Agreement to sell -- Specific performance - Readiness and willingness - Where plaintiff fails to prove his singular case of accelerated payment of sale consideration, it would be reasonable to infer his failure to establish readiness and willingness within meaning of S.16(c) of Specific Relief Act...........
