Limitation Act, 1963, Article 56 -- Limitation - Suit for declaration, delivery of possession and permanent injunction - Suit not filed within three years of having knowledge of execution of sale deed - Suit filed is not within limitation - Suit filed is barred by limitation - Suit rightly dismissed...........
Muslim Law -- Partition suit - Husband and wife have entered into a contract to put an end to marriage and accordingly marriage came to be dissolved - Husband as a part of bargain undertaken to give 1/4th share in subject property to wife - This cannot be run counter to Islamic law which mandates that women should be treated with love and affection - Wife held, rightly..........
Agreement to sell -- Specific performance - Suit for specific performance can be filed for enforcing an oral agreement - However, when specific performance is sought on the basis of written agreement and such document is marked in evidence then trial Court is required to appreciate such document...........
Agreement to sell -- Specific performance - Defendant though admitted execution of agreement but categorically stated that plaintiff has not complied with the agreement of sale and terms thereof - It cannot be said that there is a clear and categorical admission on the part of defendants regarding agreement of sale and terms thereof - More so, agreement in question is not..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by law - Partition suit - Property in question is the absolute property of one `G' and she died intestate and thereafter her legal heirs got divided the property - Said property becomes the separate property and during the lifetime of father of plaintiffs, plaintiffs cannot seek relief of..........
Specific Relief Act, 1963, Section 38 -- Suit for bare injunction - Not maintainable when there is cloud over title of plaintiff - Plaintiff ought to have filed suit for declaration and consequential injunction...........
Specific Relief Act, 1963, Section 38 -- Suit for permanent injunction - Documents relied upon by plaintiff does not comes to aid of plaintiff to establish that he is in exclusive possession of suit property and unless possession is established, question of granting permanent injunction does not arise - Suit rightly dismissed...........
Agreement to sell -- Specific performance - Relief of specific performance cannot be denied to plaintiff merely because plaintiff has alternative remedy of refund of amount as per agreement in case of breach of contract, particularly when defendant admitted the execution of agreement and amount received for construction of house and utilization of said amount for..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Recovery suit for money - Defendant produced a document indicating that amounts have been paid to plaintiff - Moreover, defendant contended that he was suffering from dengue though treating doctor has not been examined - Adequate opportunity ought to be provided to defendant to make available..........
Agreement to sell -- Specific performance - Readiness and willingness - Concurrent findings of Courts below decreeing suit of plaintiff - When there is a concurrent finding, the very contention that S.16(c) of Specific Relief Act has not been complied with cannot be accepted...........
