Agreement to sell -- Specific performance - Plaintiffs put into possession of entire land in pursuance of agreement to sell - Decree passed in favour of plaintiff in 1987 regarding possession in an independent suit is indicative of fact that plaintiffs were in possession - Since plaintiffs are in possession of suit land for long time, High Court committed no error in..........
Land Acquisition Act, 1894, Section 23 -- Acquisition of land - Compensation - Comparable sale instances - When there are several exemplars with reference to similar land, usually highest of exemplars which is a bonafide transaction, will be considered...........
Land Acquisition Act, 1894, Section 23 -- Acquisition of land - Determination of compensation - Compensation has to be calculated according to value of land to the owner and question to be considered is whether person from whom land was taken was to lose by having it taken from him...........
Land Acquisition Act, 1894, Section 23 -- Acquisition of land - Compensation - Comparable sale instance - Acquired land not situated very near to urban area, though same has all basic amenities and a medical college is at a distance of 3-4 kms from acquired land - Various sale deeds produced by appellants - After having regard to circumstances of case and perusal of sale..........
Land Acquisition Act, 1894, Section 23 -- Acquisition of land - Compensation - Development charges - Acquired land has all basic facilities such as water, electricity, sewer, telephone etc. which State has not disputed - However, these are not enough to meet the purpose of acquisition - Some further development is sine quo non for construction of Mini Secretariat -..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for specific performance - If any third party has direct interest in property for which decree of specific performance is being sought, then Court ought to liberally permit him to be impleaded as a party to suit - In such situation, it would be appropriate to avoid multiplicity of litigation - In..........
Civil Procedure Code, 1908, Section 151, Order 26, Rule 9 -- Appointment of local Commissioner - Suit land was already demarcated and report of such demarcation exist on record - No fresh demarcation of land could have been ordered at this stage, particularly, when demarcation previously conducted was acceptable to plaintiff also - Application for appointment of local..........
Civil Procedure Code, 1908, Order 39, Rule 2A -- Disobedience of interim order of status quo - Defendants being in possession of suit land, already completed repairing works over suit land by the time order of status quo was received - Plaintiffs failed to establish that there is willful and deliberate violation of status quo order by defendants to warrant liability..........
Agreement to sell -- Specific performance - Sale agreement executed with defendant No.1 - Land belonging to defendant No.2, in whose favour land is mutated on basis of Will - In revenue suit filed by defendant No.2 against defendant No.1 said Will was produced and property was found to be in possession of defendant No.2 - Specific performance cannot be granted to plaintiff..........
Contract -- Termination - Power purchase agreement - Delay in commissioning the project - Delay occurred due to unavoidable circumstances like resistance faced at allotted site and subsequent change of location of project - These circumstances though not a force majeure event, time taken by respondent in change of location and construction of plant have to be kept in view..........
