Agreement to sell -- Specific performance - Readiness and willingness - Plaintiffs failed to plead specifically with details about the restriction said to have been imposed by State on registration of sale deeds relating to similar survey numbers and revenue sites - They even failed to get the sale deed executed within three months as per agreement - Even before filing a..........
Damages -- Cannot be granted on mere registration of a criminal case which ultimately resulted in acquittal by giving him benefit of doubt - Suit for damages rightly dismissed...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for specific performance - Person who is alleged to have received the amount on behalf of vendor is not a necessary party - Application rightly dismissed...........
Hindu Succession Act, 1956, Section 15 -- Property of Hindu female dying intestate - Property purchased in the name of deceased/Hindu female - In the absence of any deed of gift or Will, estate of deceased would have to devolve in terms of S.15 of the Act - Defendant failed to discharge the initial burden of proof to show that property was gifted to him - Preliminary..........
Specific Relief Act, 1963, Section 38 -- Permanent prohibitory injunction - Co-sharers - Plaintiff cannot seek a blanket prohibitory injunction decree against defendants, who are admittedly co-sharer with him in the suit property, joint holding...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for permanent injunction - Amendment sought is a minor correction of number of trees mentioned in the plaint and addition of some lines in the plaint regarding source of irrigation - Proposed amendment will not alter the case - Application rightly allowed...........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay in filing substitution application - Liberal approach is to be adopted by Court while considering sufficient cause and in the matters of substitution, pending suit...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by limitation - Plaint can be rejected only if Court is in a position to come to a definite conclusion that suit is filed beyond period of limitation - Since the issue in question is debatable, plaint cannot be rejected...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of transferee pendente lite - Appellant has a registered sale deed in his favour and has therefore seemingly acquired an interest in the Subject Land - Whether or not the consideration was paid, is a disputed question of fact that shall be determined by Trial Court - Mere fact that registered sale deed was..........
Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 2, Rule 2 -- Rejection of plaint - Bar of subsequent suit - Where plaintiff had specifically reserved its rights in the first suit regarding his claim and further applied for leave before trial Court for filing a separate suit, which leave had been granted and when both the causes of action..........
