Agreement to sell -- Suit for specific performance - Limitation - No clause in agreement stipulating time for execution of sale deed - Notice served on defendant to register sale deed and to perform contract - Suit filed within three years from date of such notice - Held, suit is not barred by limitation. (Specific Relief Act, 1963, S.16, Limitation Act, 1963, Art.54)..........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration and injunction - Plaintiff not in possession - Relief of possession not claimed - Suit is not maintainable...........
Agreement to sell -- Suit for specific performance - Relief of possession - Can be claimed at any stage of proceedings even if not claimed in plaint - Can even be claimed at the stage of execution by way of amendment of plaint - Separate suit for relief of possession is barred - In the instant case though relief for possession claimed but Court granted relief for execution..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration and injunction - Plaintiff not in possession - Suit for declaration and injunction simplicitor without claiming relief of possession is not maintainable...........
Punjab Tenancy Act, Section 84 -- Revision in ejectment case - Appeal filed before Collector after about 9 years of ejectment order of Assistant Collector, dismissed by a detailed order and revision there against dismissed by Commissioner - Financial Commissioner accepted the revision as order of ejectment illegal and void because lessee/tenant never served in ejectment..........
Agreement to sell -- Suit for specific performance - Hardship - Defendant knew about the consequences in entering into the agreement of sale thus the hardship, now pleaded, was well within the knowledge of the defendant at the time of executing the agreement - Plaintiff successfully proved that he did not violate any of conditions of agreement of sale - Hardship referred..........
Constitution of India, 1950, Article 226, 130 -- Supreme Court Bench at Indore - Writ Petition in High Court - Held, such a relief cannot be granted by High Court - Writ petition should have been dismissed in limine...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Performance of negative covenant in agreement - Temporary injunction sought restraining defendants from conducting business activities similar to those of plaintiff as stated in agreement between parties and for recovery of amount advanced to them as loan - Relief thus sought for pertaining to performance of negative..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction claiming to have taken land on lease 13/14 years ago and thereafter in forcible possession of land and defendants recorded as owners in revenue record trying to dispossess plaintiff forcibly and illegally - Plaintiff inducted as lessee by participating in public auction - Successful bidder in public..........
Agreement to sell -- Suit for specific performance - Alternative prayer for liquidated damages/compensation - An alternative prayer by a plaintiff in a suit cannot be construed as a waiver or abandonment of the main relief - Alternative prayer is a relief which is claimed only if the party is found to be not entitled to the main relief...........
