Back
G. CHANDRASEKHARAN
Lakshmi – Appellant
Versus
Apparao Garden Co-operative Housing Society Rep. by its Special Officer – Respondent
JUDGMENT :
Prayer : This Civil Suit is filed under Order VII Rule 1 of Code of Civil Procedure and Order IV Rule 1 of O.S. Rules, for a judgment and decree against the defendants as follows : (i) to direct the defendants 1 to 14 herein to quit and deliver vacant possession of the suit property more-fully described in the schedule hereunder to the plaintiffs in its original form by removing all the constructions if any put up thereon, and in default permit the plaintiffs to remove all the super structures and constructions existing thereon and recover the cost of the same from the defendants; (b) to direct the defendants to pay costs of the suit.
The suit is filed for the relief of direction against the defendants 1 to 14 to quit and deliver the vacant possession of the suit property by removing all the construction, if any, put up there on and in default, permit the plaintiffs to remove the superstructure and constructions and recover the costs of the same from the defendants and for costs.
2. The case of the plaintiffs is that, the part of the land to an extent of 10 grounds and 1700 sq.ft. in T.S.No.12, Block No.11, Puliyur Village, Egmore – Nungambakkam Taluk, morefully described i
The court emphasized the importance of proper service of summons and the legal consequences of a failed specific performance suit in determining possession rights.
Issues of limitation in amendment applications for specific performance and the nature of claims in injunction suits are critical to the determination.
The court affirmed that a plaintiff seeking specific performance must demonstrate readiness and willingness to perform their contractual obligations, which was established in this case despite claims....
Agreement to sell – Suit seeking relief of specific performance cannot be allowed where Plaintiff was not ready and willing to perform his part of contract.
The court reaffirmed that equitable relief via specific performance requires proven readiness and legitimate title, emphasizing the importance of the parties' conduct, especially regarding collusion ....
The necessity of a written contract for protection under Section 53A of the T.P. Act and the importance of proving readiness and willingness to perform the essential terms of the contract under Secti....
The plaintiff's lawful ownership and entitlement to recovery of possession were established, and the defendants' possession was found to be unlawful.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
