Court : Orissa
Reported in : AIR1988Ori141
..... preliminary decree which is no envisaged in a suit under section 6 of the act. the relief of recovery of possession which is the main relief available under section 6 of the specific relief act has not been specifically granted. permanent injunction has been granted in a suit under section 6 of the specific relief act which can be granted in a regular suit.9. if the judgment is treated to be a decree ..... a regular suit but the court treated the same to be one under section 6 of the act, the decision would not be applicable.10. in conclusion, the trial court not having considered the materials on record in accordance with section 6 of the specific relief act and having not granted relief as envisaged thereunder the order is set aside. it is open to the plaintiffs to make amendments ..... in a regular suit, the petitioner shall be prejudiced since he has not preferred an appeal believing that .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR2006SC145; 2005(3)BLJR2425; 101(2006)CLT143(SC); [2006(2)JCR38(SC)]; JT2005(10)SC278; 2005(4)KLT530(SC); 2005(8)SCALE320; (2005)8SCC486
..... the share of the minor was sought for and refused, the entire agreement became unenforceable in law. in any event, the learned counsel would contend, the discretionary relief under section 20 of the specific relief act should not granted in favour of the appellant herein.mr. t.l.v. iyer, the learned senior counsel appearing on behalf of the added respondents, (respondent nos. 4 ..... case, the high court committed a manifest error in misreading and misinterpreting the agreement of sale dated 13.09.1980.section 12 of the specific relief act, the learned counsel would contend, enables the court to grant a decree in respect of a part of contract in a case where party to a contract is unable to perform the whole of his ..... of the decree for specific performance of contract is executed and registered and not vice-versa. for the reasons ..... has been passed by the learned trial court is open to question inasmuch as a relief in terms of section 22 of the specific relief act being incidental or ancillary to the main relief of specific performance of contract and, furthermore, being in addition thereto, ordinarily, a proceeding for grant of a final decree for partition should be initiated after the sale deed in terms .....Tag this Judgment!
Court : Mumbai
Reported in : 2010(1)BomCR847
..... that he was in possession of the suit property by way of part performance cannot be accepted. both the courts below have exercised their discretion under section 20 of the specific relief act and have not granted specific performance. the appellate court has considered the fact that great hardship would be caused to the defendants who had no other land, in case ..... specific performance was granted.9. in fact both the courts below have held that the plaintiff was not entitled to specific performance of the contract. the trial court was impressed with the fact that no pleadings were on ..... so. the plaintiff, therefore, filed special civil suit no. 76 of 1979 before the civil judge, senior division, solapur on 13.7.1979 seeking specific performance of the agreements of sale with the consequential relief of compensation. in the alternative, the plaintiff claimed a refund of the earnest money with interest from the defendants. the plaintiff pleaded in the plaint that ..... concluded that the transaction was a loan transaction in which the property was kept as security. this is a finding of fact which need not be disturbed in a second appeal.11. in my opinion, therefore, no specific question of law arises in this appeal. appeal is thus dismissed. mr. katikar, appearing for the defendants, submits that the defendants have already .....Tag this Judgment!
Court : Chennai
Reported in : AIR1935Mad134; 153Ind.Cas.332
..... that standing crops are not mesne profits, it is unnecessary to discuss the question as to whether, if the decree were for mesne profits, it ..... 1927 mad. 722 and thavasi v. arumugam 1916 mad. 328 are not really relevant. in the first, mesne profits were actually asked for; in the second, the question was whether, when a claim for mesne profits had been made in the suit (under the specific relief act) and not granted, it could be claimed in a separate suit. since i hold ..... the governor-general in council made after 3rd january 1868. it is clear therefore that this definition must be (applied to the specific relief act. in connexion with this may be quoted narasimham v. venkiah 1916 mad. 1142 and venkataramayanim v. basavayya (1913) 21 i.c. 213. vide also the ..... orderwalsh, j.1. this is a revision petition against a decree passed in a suit brought under section 9, specific relief act. the facts which led up to the suit were as follows: ono appala ramaswami was the manager of a joint hindu family property. the ..... on the date of the decree, 10th august 1931. to this it is replied that in a suit under section 9, specific belief act, the court cannot go into the question of title. this is not even a case of landlord and tenant, but one of competing tenants on the death of the managing member of a .....Tag this Judgment!
Court : Kolkata
Reported in : 2004(4)CHN154
..... courts below that the relief has been granted by the trial court more than as had been prayed in the plaint. the learned counsel for the appellant further submitted that the plaintiff would not get any relief under the specific relief act and if the plaintiff claims any relief he can at best claim under registration act and not under the specific relief act. the learned counsel ..... the hon'ble apex court quashing section 20 of the specific relief act, 1963 observed in the manner as follows:'section 20 of the act reads as follows: 20. discretion as to decreeing specific performance--(1) the jurisdiction to decree specific performance is discretionary, and the court is not bound to grant such relief merely because it is lawful to do so; but the ..... over to the plaintiff and this talk of possession cannot entail specific performance. the learned counsel for the appellant, further submitted that in the above view there is no concluded contract and the court should not grant any relief under specific relief act which is a discretionary and/or equitable relief. the learned counsel for the appellant further submitted that the trial ..... court wrongly held that the defendant nos. 2 and 3 have no locus standi since they are not parties to the agreement or contract between plaintiff .....Tag this Judgment!
Court : Andhra Pradesh
..... defendant. it is settled law that when equally efficacious remedy that can be obtained in any civil court, permanent injunction cannot be granted. there is a specific bar under section 41(h) of specific relief act that court shall not grant permanent injunction when equal efficacious relief that can be obtained by the plaintiff in a civil court. in the instant case on hand, the plaintiff claimed injunction ..... claimed against the 2nd defendnat.18. the trial court, on appreciation of facts with reference to provisions of the act of 1956, rightly concluded that the plaintiff is not entitled to claim the discretionary relief of permanent injunction and declined to grant relief under section 38 of specific relief act.19. on overall consideration of entire material on record, it is clear that the civil court has no ..... jurisdiction to grant any permanent injunction against the action taken by the housing board or in implementation of the provisions of .....Tag this Judgment!
Court : Chennai
Reported in : (1932)62MLJ496
..... allowed the tenant to spend his labour and capital upon the land without taking any action and in such circumstances under section 56 of the specific relief act the court would not grant an injunction. from the evidence of the only witness which was referred to at the hearing, house building in the endal began about 1897 ..... subordinate judge. the case itself was of a permanent lease by a matadhipathi of part of the general endowment of a mutt which was not the subject of any specific trust. the points before the court were whether a matadhipathi was a trustee within the meaning of article 134 and whether adverse possession ..... walls are on land intended for cultivation at the time of the cowle, the tenants cannot incur forfeiture thereby. the provisions of the transfer of property act are not per se applicable to agricultural leases nor to this cowle which is of the year 1865. in noyna misser v. rupikun i.l.r. (1882 ..... by a tenant by custom or by a grant by an owner of the land who happens to have power to grant such a right or under an act of the legislature.10. custom was not proved. the statute pleaded did not support the plea. there was no grant of any permanent occupancy and all that was ..... proved to be granted was nothing higher than a tenancy at will. here there is a grant of a .....Tag this Judgment!
Court : Chennai
..... who has not met the requirements of clauses (a), (b) and (c) thereof. it is further observed that the court is not bound to grant a decree for specific performance to the plaintiff who has failed to aver and prove that ..... whether the said requirements specifically those indicated in section 16 of the specific relief act have been complied with or not. (ii) in ram awadh (dead) by lrs. v. achhaibar dubey and another, [(2000) 2 scc 428] the honourable apex court has observed that there is an obligation imposed by section 16 of the specific relief act on the court not to grant specific performance to a plaintiff ..... the suit and therefore, the judgment and decree passed by the first appellate court need not be interfered with. 17. as stated earlier, the present suit has been instituted mainly for getting the relief of specific performance. section 16 of the specific relief act, 1963 deals with personal bars to relief and in sub section (c) it is stated like thus: who fails to ..... appeal are as to whether the first appellate court is correct in granting a relief of specific performance without considering the alleged readiness and willingness on the part of the plaintiff and also as to whether the first appellate court is correct without considering the fact that the plaintiff has not approached the court with clean hands. 44. it has already .....Tag this Judgment!
Court : Kolkata
Reported in : AIR1952Cal171
..... (24) 1937 mad 103, it was held that the petitioner had a remedy by the statute (the madras religious endowments act) itself and so a writ of certiorari should not be granted.17. in cases under section 45 of the specific relief act, relief is not granted if there is a statutory provision under which the applicant could proceed for redress of his grievance. the authorities for this ..... proposition are numerous and need not be mentioned. (see 'venkatachalam chettiar v. commissioner of income-tax 58 mad 367 where ..... it was held that an application could not be granted where the assessee could ..... proceed under s, 50a (1) of the income tax act).18. in 'khursed mody v. rent controller of bombay,' a. i. r. (34) 1947 bom 46, chagla j. referring to the statement of .....Tag this Judgment!
Court : Karnataka
Reported in : ILR1989KAR2784
..... injunction, relied on a few passages in some of the well-known books on injunctions to highlight the argument that the discretion granted to the court under the specific relief act to grant an injunction was not liable to be granted in these cases for the benefit of the plaintiff. the statement of the law in the book by woodroff 'the law relating to injunctions', ..... between section 34 on the one hand and sections 35, 36 and 38 of the specific relief act, on the other, pointed out that while the court may not grant a declaration when the matter is capable of taking in a consequential relief, but is, however, not inhibited similarly while granting as substantive relief the prayer for an injunction. the statement of the law, as aforesaid, is found ..... n. kuruvila's son : air1987sc2328 , the court while dwelling on the scope of section 20 of the specific relief act enjoined a duty on the court to see that litigation does not give an unfair advantage to the plaintiff and observed that the court should not grant specific performance merely because it is lawful or legal to do so. in nani bala v. charu bala air ..... be remembered that in the exercise of the discretion given to it by the specific relief act, the court will consider not merely whether the plaintiff's right has been infringed, or even materially infringed, but also whether, under all the circumstances of the case, the ought to be granted an injunction as the proper and appropriate remedy for such infringements'.the following .....Tag this Judgment!