March 2019

January 2019

Suit for declaration—Once a suit for mandatory injunction and in alternative possession has been filed claiming that the plaintiff is owner of the property on the basis of five registered sale deeds, the relief of declaration was implicit

By | January 28th, 2019|Specific Relief Act|

Comments Off on Suit for declaration—Once a suit for mandatory injunction and in alternative possession has been filed claiming that the plaintiff is owner of the property on the basis of five registered sale deeds, the relief of declaration was implicit

December 2018

Specific Relief Act, 1963, S.34–Suit for Recovery-Friendly Loan-Dishonour of Cheque—Suit for recovery against legal heirs of borrower, who issued cheque for repayment of friendly loan but died before presentation of cheque—Held; there is nothing on record to show that the amount in question was advanced as a loan—There was no writing effected, no pronote or receipt prepared-­ Plaintiff admitted that not even an entry in any note took was made by him

By | December 14th, 2018|Specific Relief Act|

Comments Off on Specific Relief Act, 1963, S.34–Suit for Recovery-Friendly Loan-Dishonour of Cheque—Suit for recovery against legal heirs of borrower, who issued cheque for repayment of friendly loan but died before presentation of cheque—Held; there is nothing on record to show that the amount in question was advanced as a loan—There was no writing effected, no pronote or receipt prepared-­ Plaintiff admitted that not even an entry in any note took was made by him

November 2018

Specific Relief Act, 1963, S.20~Agreement to Sell-Specific Performance-If the owner is having imperfect title and enters into the contract, on getting clear title, he is bound to execute and honour the agreement—Transfer of Property Act, 1881, S.43.

By | November 29th, 2018|Specific Relief Act|

Comments Off on Specific Relief Act, 1963, S.20~Agreement to Sell-Specific Performance-If the owner is having imperfect title and enters into the contract, on getting clear title, he is bound to execute and honour the agreement—Transfer of Property Act, 1881, S.43.

Specific Relief Act, 1963, S.34–Suit for Declaration-Co-ownership-Once it is established that the property has been partitioned by the owners and converted into plots, the concept of co-ownership in a joint khata cannot be invoked to hold that the parties are joint owners

By | November 29th, 2018|Specific Relief Act|

Comments Off on Specific Relief Act, 1963, S.34–Suit for Declaration-Co-ownership-Once it is established that the property has been partitioned by the owners and converted into plots, the concept of co-ownership in a joint khata cannot be invoked to hold that the parties are joint owners

Specific Relief Act, 1963, S.37–Injunction–Co-sharer–Once a co-sharer was in exclusive possession of a certain parcel of land vested in a joint holding without there being a partition then other co-sharer could not have been granted injunction against the co-sharer is possession as both the co-sharer are in separate possession of suit land

By | November 25th, 2018|Specific Relief Act|

Comments Off on Specific Relief Act, 1963, S.37–Injunction–Co-sharer–Once a co-sharer was in exclusive possession of a certain parcel of land vested in a joint holding without there being a partition then other co-sharer could not have been granted injunction against the co-sharer is possession as both the co-sharer are in separate possession of suit land

Specific Relief Act, 1963, S.34–Suit for Partition-Co- sharer–Any construction made by a co-owner exclusively would not confer right in the entire property—A co-owner would remain a co-owner and, the Courts rightly passed a preliminary decree for partition.

By | November 23rd, 2018|Specific Relief Act|

Comments Off on Specific Relief Act, 1963, S.34–Suit for Partition-Co- sharer–Any construction made by a co-owner exclusively would not confer right in the entire property—A co-owner would remain a co-owner and, the Courts rightly passed a preliminary decree for partition.

Specific Relief Act, 1963, S.34–Suit for Declaration—Claim for Possession- -If a plaintiff has been in possession of the suit property then a suit for mere declaration would be maintainable—The corollary whereof is that if the plaintiff is not in possession, a suit for mere declaration would not be maintainable.     

By | November 23rd, 2018|Specific Relief Act|

Comments Off on Specific Relief Act, 1963, S.34–Suit for Declaration—Claim for Possession- -If a plaintiff has been in possession of the suit property then a suit for mere declaration would be maintainable—The corollary whereof is that if the plaintiff is not in possession, a suit for mere declaration would not be maintainable.     

September 2018

June 2018

March 2018

February 2018

Specific Relief Act, 1963, S.20-Agreement to sell-Specific performance-Mere dismissal of suit for symbolic possession of ownership would mean that agreement to sell was not binding.

By | February 27th, 2018|Specific Relief Act|

Comments Off on Specific Relief Act, 1963, S.20-Agreement to sell-Specific performance-Mere dismissal of suit for symbolic possession of ownership would mean that agreement to sell was not binding.

When Registrar issued a certificate of registration, the strong presumption is attached about the correctness of the contents of the sale deed.

By | February 19th, 2018|Specific Relief Act|

Comments Off on When Registrar issued a certificate of registration, the strong presumption is attached about the correctness of the contents of the sale deed.

Collateral purpose—It is any purpose other than that of creating, declaring, assigning, limiting or existing washing a right to immovable property.

By | February 12th, 2018|Specific Relief Act|

Comments Off on Collateral purpose—It is any purpose other than that of creating, declaring, assigning, limiting or existing washing a right to immovable property.

December 2017

November 2017