AI Overview...
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Suit for specific performance - Generally, in such suits, an injunction against alienation of the property is not granted as a rule. The primary focus is on enforcing the contract rather than restraining alienation K. L BHATIA VS GURMIT SINGH - Delhi.
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Injunction against alienation - Courts tend to refuse interim or permanent injunctions restraining alienation unless there is a prima facie case, evidence of consideration, or specific circumstances like urgency or irreparable harm. Without such, injunctions are typically denied AMARJIT SINGH JOHAR AND COMPANY (DC) VS PRAKASH CHAND BRAHMIN - Delhi, N. Rajamony S/o. Nallathampi Vs Saradamma, W/o. Ramakrishna Panicker - Kerala.
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Legal principles - The principle of lis pendens under Section 52 of the Transfer of Property Act and Order 39 Rules 1 & 2 CPC generally prohibit alienation during pendency of a suit for specific performance, but courts recognize that injunctions against alienation are exceptional and require clear justification Narinder Kaur VS Daler Kaur - Punjab and Haryana.
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Case-specific insights - Courts have refused injunctions where there is no prima facie proof of consideration, or where the suit for specific performance is barred due to delay, prior suits, or lack of evidence. The courts emphasize balancing convenience and irreparable harm, often denying injunctions against alienation unless these criteria are met AMARJIT SINGH JOHAR AND COMPANY (DC) VS PRAKASH CHAND BRAHMIN - Delhi, Tiloka Ram VS Bhika Rams - Current Civil Cases.
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Conclusion - In summary, while a suit for specific performance does not automatically grant an injunction against alienation, courts may issue such injunctions if there is strong prima facie evidence, urgency, or irreparable harm. Absent these, the general rule is that no injunction against alienation is granted in suits for specific performance K. L BHATIA VS GURMIT SINGH - Delhi, Mohd Jahangir VS Mallikharjuna Co-op. Housing Society Ltd - Andhra Pradesh.
References:
- Civil Procedure Code, 1908, Order 39 Rules 1 & 2, Sections 52, 2.1.2008, 13.09.2010.
- Transfer of Property Act, 1882, Section 52.
Search Results for "In a Suit for Specific Performance there can be no Injunction against Alienation as a Rule against"
1996 0 Supreme(Del) 245 • India - Delhi
MANMOHAN SARIN
Civil Procedure Code, 1908 - Order 39 Rule 1 & 2 — Interim injunction restraining the alienation of property — Suit for specific ... performance of agreement to sell — Absence of prima facie case — Receipt cum agreement executed by a an unauthorised person — Absence ... of privity of contract with the owner — Interim injunction refused. ... ... (I) The application for injunction is filed in a suit for Specific #HL....
1991 0 Supreme(AP) 75 • India - Andhra Pradesh
J.ESWARA PRASAD
HOWEVER, THE RESPONDENT HAVING CHOSEN TO SUE FOR PERMANENT INJUNCTION ONLY, WITHOUT SEEKING ANY RELIEF OF SPECIFIC PERFORMANCE OF ... INJUNCTION - POSSESSION - TRANSFER OF PROPERTY ACT, 1882, SECTION 53-A - ORDER 2 RULE 2 CPC - SUIT FOR INJUNCTION AGAINST ALIENATION ... THE RESPONDENT HAVING CHOSEN TO SUE FOR PERMANENT INJUNCTION ONLY, WITHOUT SEEKING ANY RELIEF OF SPECIFIC PERFORMANCE OF THE AGRE....
2023 0 Supreme(P&H) 1458 • India - Punjab and Haryana
ARCHANA PURI
to challenge the lower appellate court's grant of injunction against alienation of land pending specific performance suit - The ... on property alienation. ... (Paras 22, 26) ... ... Facts of the case: ... The plaintiff filed for specific performance of ... At the maximum, it can be said that apprehending dishonour of agreement, right to file suit for specific performance arose to Vikram Singh-....
1990 0 Supreme(MP) 432 • India - Madhya Pradesh
R.C.LAHOTI
Fact of the Case: Plaintiff filed a suit for specific performance of an agreement to sell the suit property allegedly ... INJUNCTION - RESTRAINING ALIENATION - TRANSFER OF PROPERTY ACT, 1882, SECTION 52 - CIVIL PROCEDURE CODE, 1908, ORDER 39, RULE ... 1(A) - TEMPORARY INJUNCTION RESTRAINING ALIENATION OF SUIT PROPERTY - PRINCIPLES FOR GRANT - BALANCE OF CONVENIENCE - IRREPARABLE ... The plaintiff/respondent has f....
1999 0 Supreme(Del) 297 • India - Delhi
M.K.SHARMA
Civil Procedure Code, 1908 - Order 39 Rule 1 & 2 — Alienation of property — Suit for specific performance — No documentary evidence ... to prove the payment of consideration — Pleading of oral agreement to sell — No prima facie case made out — Interim injunction refused ... ... ( 1 ) THE present suit was instituted by the plaintiff against the defendants seeking for a decree for specific performance of the agreement to sell dated 3....
2015 0 Supreme(Kar) 611 • India - Karnataka
A.V.CHANDRASHEKARA
Chandrashekhar, J] Plea for arbitration - Suit for specific performance of agreement of sale - One of the clause of the agreement ... providing of arbitration - Trial Court passing interim order of injunction restraining alienation of property and extending it from ... against alienation granted earlier by the trial Judge does not survive. ... for specific performance of contract ? ... As per the facts of the said case, there was a transfer of proper....
2025 0 Supreme(Ker) 382 • India - IN THE HIGH COURT OF KERALA AT ERNAKULAM
SATHISH NINAN, SHOBA ANNAMMA EAPEN, JJ
The plaintiff filed a suit for injunction to prevent alienation, later withdrew it and filed for specific performance. ... of suit for specific performance - Trial court found suit barred under Order II Rule 2 CPC due to earlier suit for injunction - Court ... ... ... Issues: Whether the suit for specific performance is barr....
• India - Current Civil Cases
VINEET KOTHARI
Civil Procedure Code, 1908—Order 39 Rule 102—Suit to specific performance—Interim injunction directing defendant-appellant to maintain ... Why for all these years the plaintiff waited and did not claim any specific performance of the agreement to sell dated 23/6/1998 ... Long delay of 11 years in plaintiff approaching the court of law seeking specific performance after the registered sale deed was ... ... (F) On the point that i....
2006 0 Supreme(P&H) 1520 • India - Punjab and Haryana
S.S.SARON
Civil Procedure Code, 1908 - Order 39 Rule 1, 2 - Ad-interim injunction - Agreement to sell - Suit for specific performance of agreement ... - Alienation of property, would by hit be the principle of lis pendens in terms of section 52 of the T.P. ... alienating the suit land. ... Thereafter, the petitioner filed civil suit on 8.5.2001 for specific performance of the aforesaid agreement. ... Therefore, it is contend....
2017 0 Supreme(P&H) 2473 • India - Punjab and Haryana
DAYA CHAUDHARY
specific performance - Contract Law - Order 2, Rule 2 CPC - 2.1.2008 - 13.09.2010 - The court discussed the provisions of Order ... Fact of the Case: The plaintiff filed a suit for specific performance after an agreement to sell, which was decreed ... Issues: The issues included the validity of the agreement to sell, entitlement to specific performance, allegations of fraud ... Plaintiff also filed a civil suit for permanent #HL_....
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