Specific Relief Act, 1963, Section 34 -- Suit for declaration of title - Claim of title was based on settlement of land - However, in absence of settlement of land in favour of plaintiff followed by evidence of possession, there is no infirmity in concurrent finding of facts recorded by Courts below while dismissing suit of plaintiff - Suit rightly dismissed...........
Specific Relief Act, 1963, Section 34 -- Suit for declaration of title - Plaintiffs claiming title over land on basis of inheritance from recorded tenant - They led evidence in support of their case - Defendants claims title on basis of settlement by Hukumnama - However, pleadings of defendants on these crucial facts has remained unsupported by evidence - In the absence of..........
Specific Relief Act, 1963, Section 38 -- Suit for permanent injunction - Description of suit property not proper - There is no question of interference in possession of plaintiff over the suit property - Suit dismissed...........
Specific Relief Act, 1963, Section 38, 34 -- Suit for permanent injunction - Defendant claimed himself to be owner and in possession of suit property - It was incumbent upon plaintiff to amend plaint and convert suit into a suit for declaration and injunction, which was not done - For want of declaratory relief, suit for bare injunction is not maintainable...........
Insolvency and Bankruptcy Code, 2016, Section 9 -- Application u/s 9 of Code - Failure of NCLAT as first appellate authority to look into a very vital aspect, especially when NCLT has recorded a specific finding of fact, vitiates its order - Order of NCLAT dismissing application set aside - Matter remanded back for fresh consideration...........
Specific Relief Act, 1963, Section 39 -- Mandatory injunction - Auction sale - Confirmation - Merely on the basis of participation in public auction, there was no vested right with plaintiff to claim decree for mandatory injunction - Suit for mandatory injunction is not maintainable...........
Hindu Succession Act, 1956, Section 14(1), 14(2) -- Property of Hindu female - Where the property was taken by Hindu female for life with a specific recital that property would go to his two sons after her life time, said document will not fall u/s 14(1) of the Act and S.14(2) of the Act would squarely apply...........
Agreement to sell -- Specific performance - Written agreement to sell can be revoked by an oral agreement - There is no statutory provision which debars a party from subsequently entering into an oral agreement...........
Agreement to sell -- Specific performance - Revoking written agreement by an oral agreement - Parties are brothers - Plaintiff himself admits of a settlement between the parties - Plaintiff did not take any action for a period of 16-1/2 years - An inference drawn that parties by oral agreement resolved their dispute - There is no statutory provision which debars a party..........
Agreement to sell -- Specific performance - Grant of decree for refund of amount paid alongwith interest @ 6% per annum by holding that equity does not lie in favour of plaintiff since possession of land in question was never transferred to plaintiff - Two Courts below have exercised discretion in declining the decree of specific performance - No interference warranted...........
