Suit for Possession

Suit for Possession – By way of specific performance of the agreement to sell – In the agreement to sell, it is specifically provided that after deposit of the loan amount with the bank, defendant in both the suits shall be liable to get the sale deed registered within a period of 6 months - No onus was placed on the plaintiff to get the sale deed executed within a period of 6 months - Still further as per the agreement to sell entire payment of sale which was to be paid to the defendants in both the suits had already been paid - Remaining amount was to be deposited in the bank which was also deposited - No further payment was to be paid to the defendant in both the suits - After serving two notices, plaintiff filed a suit – Suit cannot be dismissed on the ground that it was suffered from delay and latches.      (2018-3) PUNJAB LAW REPORTER

Suit for Possession - Kanungo was examined – However, he in his evidence stated that the demarcation was not conducted with the help of the scale – On this ground – Court rejected the demarcation while dismissing the suit – Once the Court was not satisfied with the demarcation carried out and this is the main dispute which required determination – Appellate Court committed a serious irregularity and illegality in dismissing the application – There is no question of any prejudice being caused to the respondents if the demarcation is carried out.   (2018-2) PUNJAB LAW REPORTER

 

Suit for Possession – Same Court could have adjudicated both for possession as well as for a specific performance - Therefore, there is no defect of jurisdiction and it was the conscious option of the appellant not to seek the relief of specific performance - The appellant is also required to pursue with due diligence and in good faith but nothing is on the record in the contrary – That the suit for possession was filed on the basis of advice rendered by counsel for which, the appellant cannot be led to suffer precipitately and she further submits that wrong advice would not lead to the suspension of applicability of the Limitation Act - The Court is unable to agree with the contention. (2018-2) PUNJAB LAW REPORTER