Agreement to sell -- Specific performance - Execution of agreement to sell during pendency of partition suit - There was no encumbrance or dispute over suit property except partition suit - Suit property could still be sold and transferred - Plaintiff was aware of pending suit while executing agreement to sell which was agreed despite pending litigation - Even, plaintiff..........
Agreement to sell -- Specific performance - Limitation - Time was not essence of contract - Plaintiff filed a suit for permanent injunction against defendant on 15-7-1991 restraining defendant from dealing with suit property - Three years limitation period to file a suit for specific performance commenced when plaintiff filed a suit for permanent injunction i.e on..........
Agreement to sell -- Specific performance - Refund of advance amount - Suit filed by plaintiff was barred by limitation - Plaintiffs are not entitled to a decree for refund of Rs.1 lakh with interest - However, since plaintiff had spent money in obtaining approval of layout plans and defendant had sold most of suit property and plaintiff have deposited Rs.31,45,000 in..........
Civil Procedure Code, 1908, Section 11, Order 7, Rule 11 -- Rejection of plaint - Bar of res judicata - Issue of res judicata cannot be decided in an application U.O.7.R.11 CPC, as adjudication on the issue involves consideration of pleadings in earlier suit, judgment of trial Court and Judgment of Appellate Courts...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for declaration that defendants do not have any easementary right in their agricultural land is maintainable before civil Court - Application U.O.7.R.11 CPC rightly dismissed. (Rajasthan Tenancy Act, 1955, S.207)...........
Civil Procedure Code, 1908, Section 151, Order 9, Rule 9, Limitation Act, 1963, Section 5 -- Restoration of suit dismissed in default - Plaintiff suffered an order of dismissal, as his counsel has noted wrong date of hearing in his diary - Litigant cannot be made to suffer on account of negligence or lapse on the part of his advocate - Sufficient cause shown by plaintiff..........
Hindu Succession Act, 1956, Section 8 -- Property of a Hindu Male dying intestate - Defendant/Father of plaintiff inherited the share of his mother - Share so received by defendant was not from male Hindu rather it was from a female - Property in the hands of defendant cannot be held to be ancestral property - It was self acquired property of defendant and he being owner..........
Partition suit -- In a suit for partition every interested party is deemed to be plaintiff...........
Partition suit -- No bar in passing numerous preliminary decrees in a suit for partition...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Failure to ask an appropriate prayer in the suit is a matter for final decision in the suit and such contention cannot be an issue to be considered in an application filed U.O.7.R.11 CPC...........
