For instance A holds certain stock in trust for B. Preventive relief how granted Preventive relief is granted, it the discretions of the court by injunction, temporary or perpetual. Explanation For the purposes of clause I, — i Where a contract involves the payment of money, it is not essential for the plaintiff to actually tender to the defendant or to deposit in court any money except when so directed by the court; ii The plaintiff must ever performance of, or readiness and willing perform, the contract according to its true construction. A revocable lease comes under this category. The usual decree will follow under O.
It does not, however, follow that the liability to pay compensation arises only in such a case and no other Co-owners are legally competent to come to a any kind of arrangement for the enjoyment of their undivided property and are free to lay down any terms concerning the enjoyment of the property. When such property is held as agent or trustee of the property. Ingredient summarized: a Contract in writing. In other words, the right is only restricted to possession only in a suit under Section 9 of the Specific Relief Act but that does not bar a suit on prior possession within 12 years and title need not be proved unless the defendant can prove one. Temporary and perpetual injunctions 1 Temporary injunction is such as are to continue until a specific time, or until the further order of Civil Procedure, may be granted at any stage of a suit, and are regulated by the Code of Civil Procedure, 1908.
When cancellation may be ordered 40. A contract may contain series of clauses and covenants which form the total bargain between the parties and each of them is the consideration for the other. He may file suit for ejectment on the strength of his title and can get a decree for ejectment on the basis of title within 12 years of the date of possession. Section 19 1 of the act only enjoined upon the Government to pay compensation in every case of such requisition and under Section 19-B 1 Government was under an obligation, whenever any property requisitioned under any rule was to be released there from, to make such enquiry, if any, as was considered necessary and specify by order in writing the person to whom possession was to be given. But it doesnot means that it is open to the court to do just what it pleases in an individual case without regard to authority or principle. The contesting defendants also claim title on the strength of Ext. The possession of one co-heir is considered in law, as possession of all the co-heirs.
Section 18 deals with cases in which the contract entered into is valid contract. This does not necessarily mean that there must be an express demand by one and denial by the other. The Specific Relief Act deals only with certain kinds of equitable reliefs and these are now: i Recovery of possession of property ii Specific Performance of contracts iii Rectification of Instruments iv Rescission of Contracts v Cancellation of instruments vi Declaratory decrees vii Injunctions The other forms of Specific relief mentioned in the Code of Civil Procedure and in statutes such as Transfer of Property Act, Trust Act, and Partnership Act are different in origin and nature and are not included in this Act. The Act does not confer any Rights on itself. Section 2, of the Easements Act expressly provides that nothing in the Act contained shall be deemed to affect, inter alia to derogate from any customary or other right not being a Licence in or over immovable property which the Government the public or any person may possess irrespective of other immovable property. It does not deal with the remaining remedies, which are connected with compensatory relief except incidentally and to the limited extent to which it is either supplementary for alternative to Specific Relief.
B may be compelled to deliver them to A. This section has no application except where a person having made a contract to refer a controversy to arbitration has refused to perform it and institutes a suit in respect of subject matter in defiance of the contract, where two competent tribunal are available for the determination of a controversy viz :- a The court b The arbitrators And the plaintiff chooses the latter while he has remedy to the former, it is not open to the defendant to enforce specific performance of the agreement of reference. The High Court was, therefore, right in taking the view that the appellant had not established any title by adverse possession and in that view of the matter, the suit of the first respondent for recovery of possession of the premises from the appellant was not barred under Article 65 which is the only Article of the Limitation Act, 1963 applicable in the present case. Damages in lieu of injunction can be granted under sec 40, but it is for the plaintiff to claim damages. Here in the present case there is nothing to show that at any time after termination of his licence by Dr.
Contract to sell or let property by one who has not title, not specifically enforceable 1 A contract to sell or let any immovable property cannot be specifically enforced in favour of a vendor or lessor. The forest authorities did not grant permission to cut and remove trees a period expired. Interference with: Where in title suit finding reached by the trial Court and confirmed by the appellate Court as a final Court of fact that the plaintiffs failed to establish their title to the suit premises was based on relevant evidence, High Court refused to interfere with concurrent findings. Possession is the foundation of the suit though a suit is not competent under this section against one who is the owner of the movable property. Clause d The principle in this clause is that the amalgamated company is not allowed to exercise powers acquired by means of agreements with its component companies, except upon the terms of complying with those agreements provided they are such as the amalgamated company would itself have been bound by, if it had entered into them. Specific performance is generally granted when there exist no standard for ascertaining actual damages, for instance the object of the sale is picture by the dead painter, or where compensation in money will not provide adequate relief to the plaintiff. Construction Contracts Subject to certain exceptions, the court will not enforce specific performance to build, repair, or maintain works or building both because:- a Specific performance is decreed only where the party wants the thing in specie and cannot have it in any other way; and b Such contracts are for the most part so uncertain that the court will be unable to enforce its own decree.
Liquidation of damages not a bar to specific performance b Contracts which cannot be specifically enforced 21. In other words, it is one in respect of which the remedy of damages is available. How many kinds of injunctions can be granted under the Act? Under no circumstances, the court should exercise its discretion, where it would be improper. Section 7 corresponds to sec 10 of the old S. Such a requirement may be insisted on, where an ouster of title is pleaded but that is not the case here. Temporary injunction A temporary injuction is an order by which a party to an action is required to do, or refrain from doing, a particular thing until the suit is disposed of or until further order of the court. It was held that bar to appeal and revision under Section 6 3 does not apply to letter Patent Appeal.
As discussed above, the High Court has not at all cared even to go through the evidence regarding the nature of the acts said to have been committed by the appellant nor to find out whether they were merely sporadic or incidental. Alternative prayer for rescission in suit for specific performance 38. Personal bars to relief Specific performance of a contract cannot be enforced in favour of a person- a Who would not be entitled to recover compensation for its breach; or b Who has become incapable of performing, or violates any essential term of, the contract that on his part remains to be performed, or acts in fraud of the contract, or ill fully acts at variance with, or in subversion of, the relations intended to be established by the contract; or c Who fails to aver and prove that he has or has always been ready and willing to perform the essential terms of the contract which are to be performed by him, other than terms of the performance of which has been prevented or waived by the defendant. It is a law which deals with Remedies. The relief is called specific because it is relief in specie, i. There was no fresh agreement between the parties, nor was the period of authority in favour of Biharilal extended. But the part which must be left unperformed by only a small proportion to the whole in value and admits of compensation in money, the court may, at the suit of either party, direct the specific performance of so much of the contract as can be performed, and award compensation in money for the deficiency.
If the person against whom adverse possession is set up, shows that he had, in fact, obtained possession, whether lawfully or not, that would interrupt any possession held adversely against him. Maintainability of: A person may be of a weak intellect, incapable of managing his affairs, but that perse would not make him a lunatic. It means each party to the contract must have the freedom to enforce the right under the contract against the other. B may obtain the cancellation of policy. Daryao Singh Under the provisions of S. Personal bars to the relief 25. Power to award compensation in certain cases 20.