Civil Procedure Code, 1908, Order 21, Rule 32 -- Execution - Decree for injunction - Condition precedent for invoking provision of O.21.R.32 CPC is that Court should give a specific finding that J.D. had an opportunity to comply with the decree and despite such opportunity, he wilfully disobeyed the same...........
Agreement to sell -- Specific performance - Even if all ingredients required for grant of specific performance is made out, even then, it is not necessary for Court to grant a decree of specific performance as it is purely equitable and discretionary in nature...........
Agreement to sell -- Specific performance - Readiness and willingness - Mere self serving statement of income without proof of financial resources is not sufficient to prove that plaintiff was ready and willing to perform his part of contract...........
Agreement to sell -- Specific performance - Readiness and willingness - Plaintiff though stated in plaint that he was ready and willing to perform his part of contract but there is no averment to said effect in his deposition - Even, there is no averment in plaint and in evidence that plaintiff had requisite funds or that he had offered the same to defendant who refused..........
Agreement to sell -- Specific performance - Bona fide purchaser - Clear variance between statements and evidence of PW1 and PW2 ascribing knowledge/notice to subsequent purchasers regarding agreement to sell - Subsequent purchasers even disputed said fact by stating that that they were not aware of agreement more so, when they already had an agreement in their favour from..........
Agreement to sell -- Refund of earnest money - Plaintiff has a registered agreement to sell in is favour and he had already paid Rs.2000 as earnest money in the year 1979 and has been litigation since last 44 years - Vendor sold the property to subsequent purchasers - Plaintiff though not entitled to relief of specific performance but subsequent purchasers directed to..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for specific performance - Concurrent findings on record that khatedari rights accrued to defendants in the year 2013 and therefore in terms of S.13 of Specific Relief Act, plaintiff entitled to ask for specific performance - Both the Courts below also found that said ground was not raised by defendants in..........
Specific Relief Act, 1963, Section 38 -- Suit for injunction - Co-owners - Suit for injunction is maintainable even by any of co-owner without impleading the other co-owners as parties...........
Specific Relief Act, 1963, Section 38 -- Suit for injunction - Without seeking relief of declaration - When there was no cloud over ownership of plaintiffs qua subject property, they were not required to bring a suit for declaration...........
Specific Relief Act, 1963, Section 38, Transfer of Property Act, 1882, Section 54, Registration Act, 1908, Section 17, Evidence Act, 1872, Section 90, Civil Procedure Code, 1908, Section 100 -- Suit for permanent injunction - Categorical findings recorded by trial Court that plaintiffs were able to establish their ownership over subject property, as same was purchased by..........
