Agreement to sell -- Specific performance - Ready and willing - Plaintiff is required to disclose availability of balance sale consideration - Once plaintiff has not only failed to disclose but has refused to disclose, Court draws adverse inference against plaintiff...........
Agreement to sell -- Specific performance - It is an equitable relief - Once it is proved that plaintiff himself is guilty of delay and laches, then that itself is sufficient to disentitle him from the equitable relief...........
Agreement to sell -- Specific performance - Delay and latches - Defendant cancelled the agreement by sending notice which was duly received by plaintiff - Though plaintiff kept on replying to notices sent by defendants, but he did not take any positive step in order to get agreement to sell enforced - Even, defendant filed a suit for permanent injunction in which..........
Transfer of Property Act, 1882, Section 41 -- Bona fide purchasers - Suit for specific performance - Plaintiff and subsequent purchasers are residing in the same village where suit land is located - Subsequent purchasers failed to prove that they had no knowledge of agreement to sell - Subsequent purchasers are not bona fide purchasers...........
Specific Relief Act, 1963, Section 37, 38 -- Injunction suit - Issue regarding title - If matter involves complicated questions of fact and law relating to title, Court will relegate the parties to the remedy by way of comprehensive suit for declaration of title, instead of deciding the issue in a suit for mere injunction...........
Specific Relief Act, 1963, Section 37, 38 -- Injunction suit - Issue regarding title - Court may decide issue regarding title even in a suit for injunction, if there are necessary pleadings regarding title and appropriate issues relating to title on which parties lead evidence, if matter involved is simple and straightforward - However, such cases are exception to the..........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Suit property was gifted in favour of plaintiff - It is not necessary to decide the validity of gift deed - Suit for injunction has to be considered on the strength of established possession of plaintiff over the suit property and the building thereon...........
Specific Relief Act, 1963, Section 34 -- Suit for declaration for setting aside sale deed and subsequent mutation - Sale deed was executed way back in the year 1985 by mother and brother of plaintiff - Suit filed in the year 2009 after more than 2 decades challenging the said sale deed - Parties are resident of same village and challenge to sale deed at a belated stage is..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 22 -- Property of senior citizen - Eviction of son and daughter-in-law - House in question is of father/respondent - Petitioners being son and daughter-in-law are mere licencees - Specific case of respondent is that he and his wife have no independent place to reside and they have taken accommodation..........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Restraining defendants from blocking flow of rainwater from suit property through pipe - Plaintiff had asserted that he has a right to flow rain water through unused lane on northern side of suit property - Rainwater flows from suit property without entering defendants property to lane and from there to the..........
