Civil Procedure Code, 1908, Order 39, Rule 1, 2, Specific Relief Act, 1963, Section 20 -- Injunction to restrain defendant from interfering with possession - Possession of plaintiff on basis of leave and licence agreement - On expiry of licence period, possession of plaintiff is that of a trespasser - Plea that there is irrevocable licence and therefore specific..........
Specific Relief Act, 1963, Section 20, Civil Procedure Code, 1908, Section 100 -- Agreement to sell - Specific performance - Discretion whether exercised fairly or not is a question of law...........
Specific Relief Act, 1963, Section 20 -- Specific relief - Grant of relief of specific performance is discretionary - Court while exercising discretion is entitled to take into consideration as to whether the suit had been filed within a reasonable time - It depends upon facts and circumstances of each case as to what is reasonable time...........
Specific Relief Act, 1963, Section 20 -- Specific performance - Relief of - A discretionary jurisdiction of Court - Conduct of parties assumes significance in exercise of jurisdiction of discretion...........
Specific Relief Act, 1963, Section 20 -- Merely inadequacy of consideration in its nature does not constitute an unfair advantage within the meaning of S.20(2) of the Act...........
Specific Relief Act, 1963, Section 20, 12, 14, 15, 16, 19 -- Suit for specific performance - Defences thereto - Can be many - Executant of agreement may deny execution or allege fraud and misrepresentation vitiating such execution - In addition to this other grounds as per Ss.12, 14, 15, 16 and 19 of the Act are also available - Subsequent purchasers may also take such..........
Specific Relief Act, 1963, Section 20, Evidence Act, 1872, Section 58 -- Agreement to sell - Admission of execution by executant - Co-defendants who claim right and interest in the same property may not challenge admission made by executant though they can oppose specific performance of such agreement of sale on other grounds - They cannot challenge the very execution of..........
Specific Relief Act, 1963, Section 20 -- Specific performance - Absence of subsisting agreement - Held, that plaintiff can seek specific performance only when an agreement is subsisting - Plaintiff cannot maintain a suit for specific performance after the contract is determined...........
Specific Relief Act, 1963, Section 20(2) -- Agreement to sell - Specific performance - Comparative hardship - Plea not taken in written statement - Held, that discretion of Court in granting decree of specific performance is not arbitrary and is based upon judicial principles - Hardship is a question of fact - Escalation of price of real estate, inadequacy of consideration..........
Specific Relief Act, 1963, Section 20 -- Suit for specific performance - No plea of hardship raised - Suit not contested - Relief of specific performance has to be allowed...........
