Civil Procedure Code, 1908, Order 2, Rule 2 -- Bar of subsequent suit - Suit for injunction - Subsequent suit for specific performance - At the time of filing suit for injunction cause of action to file suit for specific performance has not accrued - Moreover, injunction suit was withdrawn by plaintiff with liberty to file fresh one - Subsequent suit for specific..........
Specific Relief Act, 1963, Section 34, 39 -- Agreement to sell - Suit for declaration and mandatory injunction - Suit filed almost after 12 years from the date of agreement - Suit not filed for specific performance - It is a misconceived suit - Suit was rightly dismissed...........
Specific Relief Act, 1963, Section 34, 39 -- Agreement to sell - Suit for declaration and mandatory injunction - Agreement to sell not proved on record - Plaintiff thus, have no prima facie case in his favour to file a suit in relation to suit land once agreement was held not proved - Suit dismissed...........
Specific Relief Act, 1963, Section 34, 39 -- Agreement to sell - Suit for declaration and mandatory injunction - Bar of limitation - Agreement in question executed in 1980 - Whereas, suit filed in 1992 - There is nothing to show that agreement was to be kept alive for such a long time - Moreover, agreement itself is not proved, therefore, no suit for claiming any relief in..........
Specific Relief Act, 1963, Section 37, 38, Transfer of Property Act, 1882, Section 106 -- Suit for permanent injunction - Lease - Restraining defendants from interfering in peaceful possession - Lease terminated by serving notice u/s 106 TPA - Plaintiff not pleaded any protection under rent laws - Since the year 2005 plaintiff has not paid even a penny - Held, in these..........
Divorce Act, 1869, Section 10(x) -- Dissolution of marriage - Mental cruelty - Petition by husband - In the instant case, husband and wife shifted from matrimonial home to some other place - Even, then brawl took place in house of parents of husband for which PCR was called and parents of husband has to face harassment and embarrassment before neighbours - Hence, once wife..........
Possession -- Suit for recovery, possession, mesne profits and permanent injunction - Entitlement to possession on the basis of title - Plea taken by defendant that property was not purchased by plaintiff with his own funds as he does not have any independent source of income - It does not render plaintiff disentitled to suit property as defendant does not claim that..........
Civil Procedure Code, 1908, Section 151, Order 12, Rule 6 -- Judgment on admission - Suit for permanent injunction - Suit cannot be dismissed only on basis of stray admission of PW1, which never constitute an absolute admission exercising powers U.O.12.R.6 CPC, by ignoring documents produced to prove that they are in possession of suit schedule property as on date of suit..........
Specific Relief Act, 1963, Section 39, 38 -- Revocation of licence - Suit for mandatory injunction and in the alternative for possession and for permanent injunction restraining appellant from applying for an electric connection to the Electricity Department in his name - Parties to the suit are closely related and record reveals that in spite of consistent requests made..........
Specific Relief Act, 1963, Section 37, 38 -- Suit for permanent injunction - Ownership - In the instant case, notice was issued by defendant for resumption of land whereby said notice was challenged by plaintiff on assertion of absolute ownership and possession over property - However, said assertion was denied by defendant on ground that property belonged to Government..........
