Specific Relief Act, 1961 – When an agreement to sale is executed but it cannot be specifically performed without permission or sanction of any authority, the suit can be decreed and decree for specific performance can be granted subject to obtaining such permission/sanction from the competent authority – Referred to Nathulal v. Fulchand 1969(3) SCC …
Adverse possession – the physical fact of exclusive possession and the animus possidendi to hold as owner in exclusion to the actual owner are the most important factors that are to be accounted in cases related to adverse possession. Plea of adverse possession is not a pure question of law but a blend of fact …
Summary – Plaintiffs filed a suit for specific performance of agreement to sale – Trial Court dismissed the suit – Appellate Court and High Court decred – Allowing appeal, the Supreme Court held: Even if the case of later payments by the respondents to the appellants is accepted, the same being at great intervals and …
Alagammal vs Ganesan 2024 INSC 28 :: [2024] 1 S.C.R. 374 – Specific Relief Act Read More »
Specific Relief Act, 1963; Section 28- The application seeking rescission of the decree of specific performance or an application seeking further period for the payment of purchase money or other sum which the court has ordered the judgment debtor to pay in a decree in a suit for specific performance should be filed “in the …
Sanjay Shivashankar Chitkote vs Bhanudas Dadarao Bokade (D) – S 28 Specific Relief Act Read More »
In Bachan Singh vs Swaran Singh (2000) 126 PLR 416, the Punjab and Haryana High Court (Division Bench) held thus: (i) a co-owner who is not in possession of any part of the property is not entitled to seek an injunction against another co-owner who has been in exclusive possession of the common property unless …
Injunction Suit Against Co-Owner Without Seeking Partition Read More »
The Supreme Court in Ambalal Sarabhai Enterprise Ltd. vs. KS Infraspace LLP Ltd., (2020) 5 SCC 410 observed: The grant of relief in a suit for specific performance is itself a discretionary remedy. A plaintiff seeking temporary injunction in a suit for specific performance will therefore have to establish a strong primafacie case on basis of …
Temporary Injunction In Suit For Specific Performance Read More »
Can a person file a civil suit seeking a declaration that his father is no more invoking Section 108 of the Indian Evidence Act? Section 108 is about the burden of proving that person is alive who has not been heard of for seven years. The provision reads as follows: [Provided that when] the question is …
S 34 Specific Relief Act – Civil Suit For Declaration Of Civil Death Of A Person Read More »
Section 20C of Specific Relief Act (inserted by 2018 amendment) deals with expeditious disposal of suits, and the same reads as follows: Notwithstanding anything contained in the Code of Civil Procedure, 1908 (5 of 1908), a suit filed under the provisions of this Act shall be disposed of by the court within a period of …
S 20C Specific Relief Act – Suits To Be Disposed Within 12+6 Months Read More »