Commentary on The Specific Relief Act,1963 by Bhagat – Edition 2025

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• LATEST CASE LAWS
  Matters Relating to Specific Performance of Contract, Balbir Singh & Ors. u. Baldev Singh (D) through His Ln & On., MANU/SC/0079/2025: 2025 INSC 81.
• S.34-Declaratory suit Dismissal of Challenge against-Plaintiff’s case was based on oral partition-Suit of plaintiff was dismissed, Rajendhiran v. Muthaiammal alias Muthayee, AIR 2024 SC 282.
• S.34-Limitation Act (36 of 1963), S.27, Art. 58, Art. 65-Suit for declaration of title-Limitation Settler had executed settlement deed granting rights in her property to her two sons for their lifetime and thereafter to her two daughters Though it was pleaded that the second settlement deed was invalid-Hence it was barred by limitation, Vasantha (Dead) Thr. Lr. v. Rajalakshmi alias Rajam (Dead) Thr. Lrs., AIR Online 2024 SC 92.
• S.38-Suit for permanent injunction-Restraining defendants from interfering and disturbing peaceful possession of plaintiff over suit land-Plaintiff failed to prove her possession of suit land-Plaintiff not entitled to relief of permanent injunction, Purnabasi Panigrahy v. Manoranjan Patra, AIROnline 2024 Ori. 74.
• S.38, S.41-Relief of permanent injunction-Entitlement-Ceiling proceedings established that suit property had fallen into share of predecessor-in-interest of plaintiffs in view of partition and other suit property was independently acquired by him-Defendants were party to ceiling proceedings Plaintiffs were entitled to relief of permanent injunction, Lakshman Naik v. Purni Naikani, AIROnline 2024 Ori. 335.
• S.39 Kerala Building (Lease and Rent Control) Act (2 of 1965), S.11-Suit for mandatory injunction-Maintainability Plaintiff sought direction to defendant to surrender vacant possession of shop room to plaintiff Suit for mandatory injunction, maintainable, G. Bhaskaran u. Simhanatha Bhagavathy Devaswom Tharekkad, Palakkad, AIROnline 2024 Кет. 34.
• S.40-Civil P.C. (5 of 1908), 5.100-Suit for damages Second appeal-No evidence was led by plaintiff to show ownership, title and interest Subordinate courts rightly concluded that relief sought cannot be granted-Since, no substantial question of law arose for consideration, the second appeal was dismissed, Kumar u. Raghavendra Kamash, AIROnline 2024 Kar. 538.