Specific Relief Act, 1963, Section 39 -- Mandatory injunction - Disputed land given on lease by defendant to plaintiff - As per lease conditions lease can be terminated after giving notice but no such notice was given - Defendant built two walls thus causing difficulty to the business of plaintiff, for which he had no right - Trial Court ordered to remove the obstruction -..........
Civil Procedure Code, 1908, Order 14, Rule 1 -- Issues - Plea of non-framing of an issue with regard to easementary right - Specific case of plaintiff is that windows/ventilation are existing for last about 50 years through which he is enjoying the light and air which was denied by defendant and parties have led their evidence on this aspect - In these circumstances,..........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Suit for injunction is maintainable on the basis of possessory title...........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - A person in long, peaceful and settled possession cannot be dispossessed even by the true owner without recourse to due process of law...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for specific performance - No relief was sought against applicant in the suit - In a suit for specific performance only parties to agreement are necessary parties and applicant neither necessary nor proper party to suit proceedings - Order allowing application set aside...........
Agreement to sell -- Specific performance - Defendant failed to execute sale deed within stipulated time - Condition specifically stipulated in agreement that in case of failure of seller to execute sale deed within stipulated time, buyer shall be entitled to double the amount given as an advance - Relief of specific performance rightly refused and decree for recovery of..........
Live-in-relationship -- Protection to life and liberty - Petitioners are major and are in live-in-relationship - They have come up to High Court with a mere allegation which has not been substantiated by any specific pleading - Petitioners do not claim for protection of marital relationship - They only allege that they being major are entitled to live with whomsoever they..........
Agreement to sell -- Specific performance - Suit land was already acquired and possession is taken over by competent authority and award was passed - Civil Court thus, has no jurisdiction - Specific performance of contract was not possible - Order decreeing suit set aside - Matter remanded to trial Court...........
Agreement to sell -- Specific performance - Plaintiff proved that he paid Rs.1,50,000 towards part sale consideration and executed the agreement and also paid a further sum of Rs.65,000 - However, defendants did not demarcate the suit property in terms of agreement of sale - Case of plaintiff was corroborated by PW2, who was present at the time of execution of agreement -..........
Agreement to sell -- Specific performance - Readiness and willingness - Time limit of six months is stipulated for demarcation of suit property before execution of sale deed by defendants - Burden was on defendants to perform the same - Plaintiff got issued a notice acknowledging the fact that time was essence of contract - There was no reply from defendants - Plaintiff..........
