Specific Relief Act, 1963, Section 6 -- Suit for possession based on title even if brought after six months from the date of dispossession is maintainable and defendant cannot succeed in absence of proof of his title to suit property...........
Specific Relief Act, 1963, Section 38, 39 -- Suit for injunction restraining defendant from interfering with plaintiffs possession and for mandatory injunction for removal of construction made by defendant - Averments in plaint as to encroachment by defendant - Plea of defendant that plaint averments amount to admission about defendants trespass and without prayer for..........
Agreement of sale -- Suit for specific performance - Subsequent purchaser is a necessary party - Decree when obtained by not impleading him is a nullity and cannot be executed against him. (Civil Procedure Code, 1908, S. 47 & O. 1, R. 10)...........
Civil Procedure Code, 1908, Order 21, Rule 99 -- Agreement of sale - Sale prior to institution of suit for specific performance - Subsequent purchaser purchasing from J.D. - Is a `person other than judgment debtor' - Application U.O. 21. R. 99 is maintainable...........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Date of payment - The normal date of payment for the maintenance pendente lite is from the date of application - If specific prayer is made then order may be made either from the date of institution of suit or first appearance made by the defendant - In case the applicant is found guilty of protracting the..........
Contract Act, 1872, Section 2, Specific Relief Act, 1963, Section 20(4) -- Agreement to sell - Signed by seller only - Cannot be challenged for want of mutuality...........
Stamp Act, Section 36 -- Agreement to sell - Suit for specific performance - Plea that agreement is not properly stamped - Cannot be raised for the first time in appeal...........
Specific Relief Act, 1963, Section 19(b) -- Bonafide purchaser for value without notice of other agreement - law protects the right of such purchaser...........
Specific Relief Act, 1963, Section 19(b) -- Specific performance of agreement to sell-Equity - subsequent purchaser without notice of previous agreement for value of Rs.14, 000/- whereas the previous agreement mentions Rs.7000/- as value - Held. Even on basis of equity decree for specific performance cannot be granted...........
Specific Relief Act, 1963, Section 34, Evidence Act, 1872, Section 107, 108 -- Missing son - Suit for declaration of civil death of missing son and as to plaintiffs rights to properties as heir of missing person - Object is declaration of heir and declaration of civil death is only incidental - Son disappeared on 17.2.1964 - Suit filed on 18.3, 1977 - At the moment also..........
