Civil Procedure Code, 1908, Section 41 -- Remand - Suit for permanent injunction - Appellate Court remanded the matter back to trial Court on the ground that trial Court had not recorded specific conclusion with regard to plot in question - However, judgment of trial Court reveals that categorical finding has been recorded in it with regard to ownership and possession of..........
Lease/Tenancy -- Right of tenant to purchase tenanted property - Tenant stated that landlord orally offered him to sell the lands and he paid full consideration - Documents in question categorically referred to sale transaction, clearly spelling out that amount was towards an installment payable as consideration for purchase of property - Contention of landlord that said..........
Agreement to sell -- Specific performance - Readiness and willingness - While proving readiness and willingness plaintiff is not required to make any averment that plaintiff required executant of agreement to sell to attend the office of Sub-Registrar to execute sale deed within time agreed...........
Agreement to sell -- Specific performance - Relief of specific performance - Plaintiff cannot be punished by refusing the relief of specific performance despite the fact that execution of agreement is established and proved and he is found to be always ready and willing to perform his part of the contract...........
Agreement to sell -- Specific performance - Discretion to grant relief of specific performance - Discretion u/s 20 of Specific Relief Act is required to be exercised judiciously, soundly and reasonably. (Specific Relief Act, 1963, S.20)...........
Specific Relief Act, 1963, Section 10(a) -- Provision of S.10(a) inserted by amendment to the Act, though may not be applicable retrospectively but can be a guide on the discretionary relief...........
Agreement to sell -- Specific performance - Readiness and willingness - Plaintiff paid Rs.25,000 to defendant initially at the time of execution of agreement to sell and further sum of Rs.15,000 in two installments were paid at the time when subsequent two documents were executed for extension of time - Even time was extended at the instance of defendant and balance..........
Agreement to sell -- Specific performance - Subsequent purchasers were in knowledge of agreement to sell in favour of plaintiff - However, despite the same they purchased the suit land surreptitiously - Even, sale consideration mentioned in sale deed in favour of subsequent purchasers is found to be doubtful - Moreover, subsequent purchasers for all these years cultivated..........
Agreement to sell -- Specific performance - Readiness and willingness - Concurrent findings of trial Court and first appellate Court - High Court in second appeal ought not to have interfered with such findings of fact unless such findings are found to be perverse - Since findings recorded cannot be said to be perverse and/or contrary to evidence on record, High Court..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Suit for specific performance - Prima facie plaintiff was not vigilant with regard to his right to enforce sale agreement - Plaintiff approached the trial Court after a lapse of 7 years from date of execution of registered sale deed in favour of subsequent purchaser - Plaintiff failed to make out a..........
