Civil Procedure Code, 1908, Order 6, Rule 17, Specific Relief Act, 1963, Section 21(5) -- Amendment of plaint - Suit for specific performance - Relief of compensation - When relief of compensation is either not claimed or when such relief claimed but plaintiff seeks amendment in the same - Plaintiff can seek permission of Court to introduce such relief by way of amendment...........
Specific Relief Act, 1963, Section 37, 38 -- Permanent injunction - Plaintiff not in possession of suit plot on date of institution of suit - It was defendant who was in possession - Claim of ownership of plaintiff disputed and denied by defendants as such has come under clouds - Simplicitor suit for injunction not liable to succeed - Suit rightly dismissed...........
Limitation Act, 1963, Article 54 -- Limitation - Suit for specific performance - Date fixed for payment of consideration was three months from date of agreements - Limitation to file suit starts from the expiry of three months - Suit filed beyond three years - Suit is clearly barred u/s 54 of Limitation Act...........
Specific Relief Act, 1963, Section 10 -- (As amended) - Amended provision of S.10 Specific Relief Act - Amendment is prospective and does not apply to those transactions that took place prior to its coming into force...........
Agreement to sell -- Specific performance - Readiness and willingness - Purchaser did not voluntarily adhere to time stipulation under the contract - Purchaser thus, was not ready and willing to perform his part of contract within time stipulated - Specific performance cannot be granted to purchaser for entire contract...........
Agreement to sell -- Specific performance - Contract was breached due to conduct of purchaser who was not willing to perform contract after entering into a time sensitive agreement - Claim of purchaser is thus, hit by delay and latches on their part as they did not take appropriate measures within stipulated time and filing of suit was delayed by almost five years -..........
Agreement to sell -- Specific performance - Defendant came with a false case of fraud and that transaction was a loan, which he could not prove - Defendant when does not come with clean hands and suppresses material facts, discretion should not be exercised against specific performance...........
Agreement to sell -- Specific performance - Plea of hardship - Defendant has a total of 30 bighas of agricultural land located in more than one village - It is not the defendant's case that in the event of specific performance being granted, he would become landless or that his livelihood would be effaced - If a decree of specific performance is passed, defendant would..........
Agreement to sell -- Specific performance - Mere fact that defendant has made a bad bargain is no ground to refuse specific performance...........
Agreement to sell -- Specific performance - Plea of fraud - Defendant stated that he took a loan from plaintiff which he had returned to plaintiff's agent and asked him to return the papers, which the latter said were misplaced and did not return - However, once agent of plaintiff made him execute a registered agreement which defendant believed to be a document to secure..........
