Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Agreement to sell - Possession in pursuance of agreement to sell - Plaintiff in possession on the date of institution of suit - However, during pendency of suit plaintiff dispossessed - Held, Court has got enough powers u/s 151 CPC to undo the illegalities done by the opposite party during pendency..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Agreement to sell - Possession in pursuance of agreement to sell - Plaintiff in possession on the date of institution of suit - However, during pendency of suit plaintiff dispossessed - Defendant directed to hand over possession of suit property to plaintiff - Plaintiff with the help of police can..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Agreement to sell - Possession in pursuance of agreement to sell - Plaintiff in possession on the date of institution of suit - However, during pendency of suit plaintiff dispossessed - Possession ordered to be restored to plaintiff - Plea that in the mean time plot is sold to third party - Held,..........
Agreement to sell -- Specific performance - Time essence of contract - In cases of sale of immovable property, time is not essence of contract unless so intended by parties which can be gathered from terms and conditions settled between them as well as attending/surrounding circumstances...........
Agreement to sell -- Specific performance - Time as essence of contract - Once entire sale consideration stood paid to proposed seller, time of performance ceased to be essence...........
Agreement to sell -- Specific performance - Time as essence of contract - Recitals in agreement reveals that parties prepared agreement in the form of a family settlement with clear intention that they would be able to transfer ownership of property in question by way of this agreement - Entire sale consideration was paid and possession of property already delivered - Time..........
Chhattisgarh Rent Control Act, 2011, Section 4 -- Application for eviction - Dismissal of application - Landlord and tenant relationship - Petitioner, who bought disputed property in middle of continuation of tenancy filed suit for eviction almost after 12 years of purchasing shops - Petitioner failed to give any plausible reason for not taking any legal action for..........
Agreement to sell -- Specific performance - Time if essence of contract - Plaintiff agreed to purchase mortgaged property by paying balance sale consideration directly to bank to clear mortgage debt within 15 days of sale agreement - It is further entered in agreement that if payment is not made within stipulated time, agreement shall stand cancelled - Time was thus,..........
Agreement to sell -- Specific performance - Readiness and willingness - Plaintiff having means but not actually willing to perform his part of contract - Plaintiff not paid the balance sale consideration within stipulated time of 15 days for execution of sale deed - Plaintiff held, not entitled to decree of specific performance. (Specific Relief Act, 1963, Ss.16(c), 20)...........
Agreement to sell -- Specific performance - Admission in cross examination by one of the attesting witness that there was no transaction of giving/taking of money in his presence - Sole testimony of defendant is not at all sufficient either to rebut evidence adduced by plaintiff consisting of testimonies of deed writer, one of the attesting witness and statement of..........
