Specific Relief Act, 1963, Section 20 -- Agreement to sell - Specific performance - Relief of - Delay of 40 years - Escalation of prices - Plaintiff in no way responsible for the delay - Suit decreed - Sale deed be executed at the market price prevailing on the date of present order - Prevailing market price be assessed by the trial Court as early as possible...........
Specific Relief Act, 1963, Section 20 -- Specific performance - Relief of - Efflux of time and escalation of price of property, by itself, cannot be a valid ground to deny the relief of specific performance...........
Specific Relief Act, 1963, Section 16(c) -- Ready and willing - No straitjacket formula can be laid down and the test of readiness and willingness of the plaintiff would depend on his overall conduct i.e. prior and subsequent to the filing of the suit which has also to be viewed in the light of the conduct of the defendant...........
Criminal Procedure Code, 1973, Section 107, Constitution of India, 1950, Article 226 -- Police protection - Entitlement to - Petitioner staying with family in flat illegally, without any authorization, without paying rent, without paying even maintenance - Flat owner or his representative, or even association, if permitted, with all legitimacy can force petitioner out of..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Claim of larger relief - Lesser relief can be granted - In the instant case injunction regarding construction granted when there was prayer for larger relief of parting with possession of any part of the suit property...........
Specific Relief Act, 1963, Section 5, 34, 38 -- Suit for declaration of title, recovery of possession and permanent injunction - Declaration sought that defendant has no right to close windows in wall of house of plaintiff and a direction to remove construction made over suit land and permanent injunction restraining defendants from making any construction - Defendant by..........
Partnership Act, 1932, Section 69 -- Unregistered partnership firm - Suit for declaration that partnership firm has come into existence and does exist and plaintiffs and defendant Nos.1 to 3 are partners thereof - Prayer not a relief for enforcement of any contract - Held, plaint is maintainable and not hit by bar of S.69 of the Act...........
Partnership Act, 1932, Section 69 -- Unregistered partnership firm - Suit for declaration of the tile of the Partnership Firm in respect of the suit property and does not seek to enforce any right in any contract by way of the present suit - Declaration is only in respect of a right and title already acquired by the Partnership Firm - Held, relief claimed is not hit by..........
Partnership Act, 1932, Section 69 -- Unregistered partnership firm - Suit for declaration that Joint Venture Agreement is null and void and not binding upon the plaintiff - Said agreement entered into by defendant No.1 in his purported capacity as the sole owner of the suit property - Partnership firm or any of the partners are not parties thereto - Relief claimed is based..........
Specific Relief Act, 1963, Section 20 -- Specific performance - Agreement for sale - Held, mere fact that land was mortgaged with bank, relief of specific performance could not be denied - Encumbrance attached to land could be removed by defendant before effecting sale and no objection could be obtained from bank or prospective vendee stepping into shoes of mortgagor is..........
