Specific Relief Act, 1963, Section 34 -- Suit for declaration of civil death of another person - Suit is not maintainable - A suit for declaration can be filed by any person : (a) for his or her legal character, (b) for any right as to any property...........
Specific Relief Act, 1963, Section 34 -- Suit for declaration by legal heirs as to death of the person - After death of a person his heirs, having interest in such legal character, have title to seek declaration of such legal character as to death of the person - Suit at the instance of any such person for declaration is maintainable, if he can stand the test that he is..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration of a civil death of a person - Maintainability - Mere suit for declaration of death of a person is not maintainable...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for specific performance - Agreement to sell executed by two brothers - Impleadment of third brother - If property is joint then two brothers will be deemed to have sold to the extent of their share - Petitioner is thus neither necessary not a proper party...........
Specific Relief Act, 1963, Section 38 -- Suit for permanent injunction - Plaintiff claiming sole ownership and exclusive possession over plot and defendants claiming it to be property of joint family - Concurrent finding of two Courts below that plaintiff has failed to prove the plot as his self earned property or in his exclusive and sole possession - Plot in question..........
Agreement to sell -- Specific performance - Pre-suit notice - Law does not expect that in every case, there should be a pre-suit notice before a suit is filed - It will depend upon facts and circumstances of each case...........
Agreement to sell -- Specific performance - Merely because sale agreement had fixed three years period for payment of balance sale consideration of Rs.10,000/- by plaintiff, that by itself will not be a ground to deny relief of specific performance...........
Agreement to sell -- Specific performance - Readiness and willingness - Once execution of agreement of sale and receipt of substantial amount towards sale consideration is established, there is nothing more to be proved by agreement holder to establish his readiness and willingness to perform his part of contract...........
Agreement to sell -- Specific performance - Sale agreement not registered - Where sale agreement is not registered, document can be received as evidence for considering relief of specific performance and inadmissibility will confine itself only to protection sought for u/s 53-A of T.P. Act...........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration of title and permanent injunction - Suit properties were allegedly allotted to share of grandmother of plaintiff in a oral partition and she sold the suit properties in favour of plaintiff - However, if really grandmother of plaintiff was allotted such properties and she was in possession and enjoyment of..........
