Specific Relief Act, 1963, Section 34 -- Suit for mere declaration - Mere fact that no relief other than declaration is claimed cannot be the reason to decline decree of declaration - Declaration decree does not confer any new right but only clears the mist, which might have gathered around the title to property or the status/legal character of plaintiffs regarding..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration - Declaratory decree can well be passed by Courts under General Provisions of CPC u/s 9, O.7.R.7 CPC, though exercise of jurisdiction to grant such declaratory reliefs beyond such provisions shall depend upon facts of each case - Such a declaration may be granted when the same in itself is a substantial relief..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for specific performance - Person who is alleged to have received the amount on behalf of vendor is not a necessary party - Application rightly dismissed...........
Specific Relief Act, 1963, Section 38 -- Permanent prohibitory injunction - Co-sharers - Plaintiff cannot seek a blanket prohibitory injunction decree against defendants, who are admittedly co-sharer with him in the suit property, joint holding...........
Agreement to sell -- Specific performance - Mere execution of sale agreement itself is not a ground for granting relief of specific performance - Even when Court comes to conclusion that there is an agreement, Court has to see the conduct of parties while granting relief of specific performance...........
Agreement to sell -- Specific performance - Readiness and willingness - Continuous readiness and willingness on the part of plaintiff is a condition precedent to grant relief of specific performance...........
Agreement to sell -- Specific performance - Readiness and willingness - Nothing placed on record that plaintiff was ready and willing to perform his part of contract between 2003 to 2008 to make the balance payment of Rs.3,65,000 - Relief of specific performance rightly declined...........
Agreement to sell -- Specific performance - Long unexplained delay in not taking any reasonable steps by buyer and silence on the part of buyer in this regard while in witness box is itself sufficient to disentitle him to an equitable relief of specific performance...........
Agreement to sell -- Specific performance - Readiness and willingness - Continuous readiness and willingness is a condition precedent to grant the relief of specific performance...........
Agreement to sell -- Specific performance - Date fixed for execution of sale deed was one year from the date of measurement of suit schedule property - However, no such measurement was carried out and plaintiff has not raised any objection in this regard till he got issued legal notice i.e almost for a period of 3 years - Suit came to be filed only at the fag end of..........
