Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Suit for declaration to be owner in possession with consequential relief of permanent injunction restraining defendant - Bank from selling property for realisation of debt claiming to have been cultivating suit land as tenant - at - will under erstwhile owners, purchased tenancy land under Section 18 Punjab Security of..........
Consumer Protection Act, 1986, Section 14(1)(d), 17 -- Plot - Allotment of plot - Entire price deposited - Possession not delivered as samadhi was in existence on plot - Demanded the allotment of alternative plot - Held that the complainant s are very much within their rights to demand the allotment of an alternative plot in lieu of old one - Direction issued to HUDA to..........
Consumer Protection Act, 1986, Section 2(1)(g) -- Deficiency in service - Plot - Allotment of - Pecuniary jurisdiction - The price of the plot was only Rs.5500/ - The complainant was not expected to institute the complaint directly before the Commission...........
Agreement to sell -- Suit for specific performance - Comparative hardship - Vendor being hard pressed for money at relevant time for arranging his daughter's marriage, was compelled to agree to sell his dwelling house for low price - Court can rightly refuse to grant decree of specific performance, as that would render vendor homeless - Decree for refund of earnest money..........
Land Acquisition Act, 1894, Section 23 -- Fruit bearing trees, assessment of compensation - Basic Principles and Methods of Evaluation of Fruit Trees by S. Harbans Singh relied upon in Ranjit Singh's case 1983 PLJ 290 DB Followed - After 10 years 100% increase should be made in compensation as allowed in Ranjit Singh's case - After 14 years claimants entitled to increase..........
Land Acquisition Act, Section 23 -- Compensation of acquired land, determination of - Agreement of sale - Barely VA month prior to date of land acquisition notification and last date for carrying out agreement more than 15 months later after the notification - Sale not executed since notification issued by Government - Offers alleged in land acquisition proceedings..........
Consumer Protection Act, 1986, Section 2(1)(g), 14 -- Plot - Delay in possession - Amount of sale consideration deposited in 1985 - Neither of original plot nor possession of alternative plot given - Complaint allowed by the District Forum directing payment of 18% interest p.a. on the amount deposited by the complainant till the date of actual possession to the complainant..........
Haryana Urban Development Authority Act, 1977, Section 17Interest -- by Conditions 5 and 6- Conjoint reading of Conditions 5 and 6 makes it clear that HUDA under a legal obligation to offer possession of auctioned plot after completion of development works in that area-Allotment Letter, Conditions 5, 6 and 8. - Letter Condition 8 which provides for imposition of penalty..........
Punjab Housing Development Board Act, 1972, Section 58,2(k),30,31,32(g),33,42,43,44,45 -- Allotment of plot - Applicant for allotment in response to advertisement by Directorate of Housing and Urban Development Department Punjab - Has only a right to be considered for the allotment of a plot when he has deposited money for the same - Does not get a right to continue to be..........
Civil Procedure Code, 1908, Order 39, Rule 1 -- Temporary injunction - Restraining Urban Improvement Trust from dispossessing plaintiff from suit premises - Plaintiff in long possession of disputed land - Parting with half portion of same on compromise with Trust that shops raised thereon shall be allotted and regularised in name of plaintiff - Trust accepted and deposited..........
