G.S.SINGHVI, ASOK KUMAR GANGULY
Van Vibhag Karamchari Griha Nirman Sahkari Sanstha Maryadit – Appellant
Versus
Ramesh Chander – Respondent
Certainly. Here are the key points derived from the provided legal document:
The appellant, a cooperative society registered under the relevant state act, entered into an oral agreement for the sale of land with the first respondent and others, with possession handed over and consideration paid (!) .
The land in question was subject to various statutory schemes, including land ceiling and acquisition laws, which impacted the rights and proceedings related to the land (!) (!) .
The first respondent publicly asserted ownership and possession of the land, claiming that the sale agreement was canceled and that the appellant's rights over the land were nullified (!) .
The appellant filed a suit seeking declaration of ownership and permanent injunction, which was ultimately dismissed on the grounds that the suit did not include the claim for specific performance initially and that the inclusion of such a claim via amendment was barred by limitation and procedural rules (!) (!) (!) .
The appellant attempted to amend the suit to include a claim for specific performance after a significant delay, but the court held that such an amendment could not relate back to the original filing date and was barred by the limitation period (!) (!) .
The court emphasized that the omission to include the specific performance claim at the outset resulted in relinquishment of that cause of action, and subsequent amendments could not revive it (!) .
The decision reinforced that relief for specific performance is discretionary and that delay and procedural bars prevent its grant in this case (!) (!) .
The legal principles discussed include that amendments which alter the character of the suit cannot relate back to the original filing date, and that procedural and limitation statutes serve to uphold public policy and fairness (!) (!) (!) .
Overall, the courts dismissed the appeal, affirming the lower courts' rulings, and clarified that the appellant's failure to include the specific performance claim at the appropriate time barred the remedy.
JUDGMENT
GANGULY, J.
1. Leave granted.
2. The appellant, Van Vibhag Karamchari Griha Niraman Sahkari Sanstha Maryadit, Indore (hereinafter referred to as `the appellant'), was constituted and registered under the Madhya Pradesh Cooperative Society Act, 1960 on 26.5.1970, for the purpose of providing residential plots to the employees of the forest department of Madhya Pradesh Government.
3. On 28.3.1974, three farmers, namely Ramesh Chander (hereinafter referred to as `the first respondent'), Mahavir Singh and Chunni Lal, entered into an oral agreement with the appellant to sell their respective land measuring 2.039 hectares bearing khasra No. 203/2, 1.019 hectares bearing khasra No. 203/1 and 1.602 hectares bearing khasra No. 204/1, situated at village Chitawad tehsil and district Indore, to the appellant at Rs.2 lacs per hectare. On 25.1.1975, all the three farmers jointly received Rs.2000/- as earnest money as per the agreement dated 28.3.1974 and delivered possession of the said land to the appellant. The agreement to sell was executed and signed by all three farmers on 31.3.1976. The present dispute only concerns Ramesh Chander, i.e. the first respondent.
4. The Urban Land (Cei
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