Specific Relief Act, 1963, Section 38 -- Suit for permanent injunction simpliciter - Maintainability - Where question of title is not in dispute then suit simpliciter for permanent injunction is maintainable...........
Specific Relief Act, 1963, Section 39 -- Suit for mandatory injunction seeking direction to defendant to execute sale deed in favour of plaintiff on the basis of agreement to sell in his favour - Plaintiff filed suit for mandatory injunction instead of suit for specific performance as such suit is not maintainable - Furthermore defendant Nos.1 & 2 executed sale deed in..........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Plaintiff is in possession of plot in dispute - In the absence of any cogent and reliable evidence led by appellants to show that they are in possession of plot in dispute and that there had been a partition, possession of plaintiff rightly protected - Relief of permanent injunction rightly granted...........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration on basis of adverse possession and permanent injunction - Plaintiff has relied upon agreement to sell to prove her ownership over suit property - However admittedly, said agreement was not proven on record in terms of S.64 of Evidence Act - Original agreement was never produced by plaintiff - Even no..........
Specific Relief Act, 1963, Section 28 -- Decree for specific performance - Extension of time to deposit balance sale consideration - Where there is a decree for specific performance, extension of time for payment does not amount to modification of decree - Court does not lose jurisdiction after granting a decree for specific performance nor does it become functus officio...........
Specific Relief Act, 1963, Section 28 -- Decree for specific performance - Extension of time to deposit balance sale consideration - Where decree for specific performance was passed in favour of plaintiff wherein only two months time was granted to deposit balance sale consideration, Court below while dismissing application for extension of time to deposit sale..........
Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971, Section 4 -- Acquisition of land - There was an invisible power acting behind the Society and the SRA is further evident from the fact that in some of its initial filings for the acquisition proposal - The High Court has also recognized such fraudulent acts of the developer painting a stark..........
Specific Relief Act, 1963, Section 38 -- Suit for injunction simplicitor - Plaintiff unable to establish his right - A suit for injunction simplicitor is not maintainable...........
Specific Relief Act, 1963, Section 38 -- Injunction - Co-sharers - Parties i.e plaintiffs and defendant are co-sharers - In the absence of any evidence led by plaintiff that she was in exclusive possession of suit land and that there had been a partition, suit for injunction qua a co-sharer is not maintainable...........
Specific Relief Act, 1963, Section 31 -- Cancellation of sale deed - Sale of minor's property by father - Sale was for necessity - It was to discharge existing loans of family - One of witnesses to document was mother of plaintiffs - Antecedent debts existed which had been proved by recitals in sale deed - Since plaintiffs were under care and protection of their parents,..........
