Housing -- Rural Housing Scheme floated by OP-Chandigarh Housing Board for allotment of EWS houses - Complainant applied for the same - Deposited amounts towards part of earnest money - Allegation that allotment was not made despite repeated requests, official visits and phone calls - Attended the office of the OP - Came to know that EWS House No.1021 was allotted in his..........
Civil Procedure Code, 1908, Section 11 -- Previous suit by defendant for permanent injunction - Finding recorded in previous suit that defendant in possession of suit land not as a tenant but as a trespasser however plaintiff restrained from taking forcible possession except in due course of law - Relief restraining dispossession except in due course of law - Cannot be..........
Specific Relief Act, 1963, Section 6, 22 -- Agreement to sell - Vendor filing suit for possession - Failure of vendee to pay remaining consideration amount - In absence of counter claim no relief can be granted to vendee to pay remaining amount of consideration - As vendee had not performed his part of contract for long, merely depositing consideration by him in pursuance..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Suit for declaration and injunction - At time of final hearing, amendment of plaint sought seeking additional relief of restoration of possession - Claim barred by limitation - Amendment allowed - Held, order of trial Court being discretionary cannot be disturbed - However, question of limitation is open..........
Refund -- Industrial plot - Surrender of - Deduction - Respondent-OP fulfilled its part of contract by handing over the possession and allowing the deferred payment - Appellant-complainant went on committing default in payment of instalments - Appellant disentitled himself to seek any relief because of his conduct - Order of State Commission upholding forfeiture of earnest..........
Specific Relief Act, 1963, Section 37, 38 -- Injunction - Passage/road berm - Long user - Adverse possession - Plaintiff having no right, title or interest in the suit property - Municipal Committee also failing to prove its ownership - User by plaintiff for 20 to 25 years - Long user will not clothe the plaintiff with any legal right either to own or possess the suit land..........
Specific Relief Act, 1963, Section 27, 31 -- Sale deed - Suit for cancellation - Conduct of plaintiff found blame worthy between the date of presentation of sale deed for registration and date of filing of the suit including the exchange of correspondence - ITC necessary for registration not produced - Did not honour the agreement embodied in the letter dt.12.8.1971 -..........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 35 -- Execution - Decree for specific performance - Court executing decree can direct delivery of possession even if there is no specific direction to that effect in decree as granting of relief of possession is incidental to conveyance executed in favour of D.H...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Suit for declaration and for consequential permanent injunction - Subsequent to filing of suit defendant found to be in possession of part of property - Amendment of plaint sought to include relief of recovery of possession and mandatory injunction - Defendant can raise the objection as to limitation by..........
Suit for possession -- Rescission of contract - Repudiation of agreement of sale by defendant in possession of property in question - Suit for recovery of possession without seeking relief of rescission of the contract - Suit is maintainable...........
