Specific Relief Act, 1963, Section 22(2) -- Specific performance - Relief of possession - S.22(2) of the Act is only directory and thus, DH cannot be non-suited for the reason that such relief was not granted in decree for specific relief...........
Partition -- Not always necessary for a plaintiff in a suit for partition to seek cancellation of alienations, for the reasons viz. (a) alienees as well as the co-sharer are still entitled to sustain the alienation to the extent of the share of the co-sharer; (b) it may also be open to the alienee, in the final decree proceedings, to seek the allotment of the transferred..........
Coal Mines (Nationalisation) Act, 1973, Section 3(1), 2(h)(xi), Public Premises (Eviction of Unauthorised Occupants) Act, 1971, Section 5 -- Eviction decree - Validity - Orders evicting unauthorized occupants from public premises at mines area - Challenge as to - Acquisition and transfer of title and interest of owners of coal mines and vested in Central Government - Since..........
Specific Relief Act, 1963, Section 39 -- Mandatory injunction - Auction sale - Confirmation - Merely on the basis of participation in public auction, there was no vested right with plaintiff to claim decree for mandatory injunction - Suit for mandatory injunction is not maintainable...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Bar of limitation - When suit is for decree of permanent injunction and it is averred that plaintiffs are in possession of suit property pursuant to agreement and thereafter they have developed the land and they are in continuous possession since more than 12 years and also paying taxes to Corporation,..........
Service -- Re-instatement - Payment of salary for period during which employee kept out of service - Where appellate authority found termination of employee illegal, it would not ipso facto inevitably follow that employee will become entitled to claim salary for entire period consequent upon his being found to be entitled to reinstatement - This is a matter for authority..........
Civil Procedure Code, 1908, Order 21, Rule 34 -- Execution - Decree for specific performance - Sale deed executed without objections being called for and considered - Contravenes the provision of O.21.R.34 CPC - Impugned order set aside - Executing Court directed to consider the objections of JD to draft sale deed - In case sale deed which has been executed on the strength..........
Civil Procedure Code, 1908, Order 21, Rule 34 -- Execution - Decree for specific performance - Draft of sale deed in terms of decree delivered to Court - Objections thereto - Mere fact that contention of JD that decree itself is inexecutable was found meritless, would not absolve Court of its duty to proceed with the matter of considering draft sale deed and objections..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay of 467 days in filing application for setting aside ex parte decree - Application for condonation of delay cannot be allowed once trial Court found that delay has not been properly explained and even there are no merits in application for condonation of delay - Order of trial Court condoning delay rightly set..........
Rent and Eviction -- Eviction order - J.D. did not permit to execute the decree by filing proceedings one after the other - D.H. not permitted to enjoy the fruit of decree even after a period of 33 years of passing of the decree - SLP dismissed with costs of Rs.25,000/- - Executing Court directed to decide and dispose of execution proceedings within a period of six months...........
