Registered sale deed -- Cancellation - Consolidation authorities have no jurisdiction to ignore registered sale deed - If sale deed was obtained by committing fraud without paying sale consideration, sale deed can only be cancelled by Civil Court...........
Civil Procedure Code, 1908, Order 7, Rule 11(a) -- Rejection of plaint - Cancellation of sale deed - Cannot be sought on the ground of unpaid price - Sale deed executed by plaintiff does not incorporate any recital that title shall not vest in buyer until and unless sale price is paid - Title passed on buyer as soon as sale deed executed and registered - Plaint not..........
Civil Procedure Code, 1908, Order 7, Rule 11(d), Limitation Act, 1963, Article 59 -- Rejection of plaint - Bar of limitation - Suit for cancellation of registered sale deed - Suit filed after prescribed period of limitation of three years - Plaint rejected...........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Non-disclosure of cause of action - Suit for declaration - Plaintiff despite claiming declaration, has not sought any relief for cancellation of sale deed - In the absence of relief of cancellation of said sale deed, suit itself is not maintainable as relief of declaration cannot be granted so long as..........
Specific Relief Act, 1963, Section 31, Transfer of Property Act, 1882, Section 54 -- Cancellation of sale deed - Cancellation of a registered sale deed by vendor without notice to vendee and without his consent and without joining him as a party to the cancellation deed - Not valid in law...........
Specific Relief Act, 1963, Section 31 -- Cancellation of document - Property in co-ownership sold out by defendant to the extent to his share - Simply for the reason that sale deed in question does not mention the right of plaintiff, it will not become void or voidable at the option of plaintiff - Moreover, there is no recital in said sale deed negating right of appellant..........
Limitation Act, 1963, Article 65, Specific Relief Act, 1963, Section 6, 31 -- Relief of possession - By way of registered sale deed, the property in which plaintiff was co-owner had been sold to defendant by brother of plaintiff by impersonation - Document has been held to be void and no-est in eye in law - Plaintiff was seeking its cancellation but the relief of..........
Civil Procedure Code, 1908, Order 7, Rule 11, Court Fees Act, 1870, Section 7(iv)(b)(c) -- Rejection of plaint - Failure to pay ad valorem Court fee - Suit for declaration and claim of joint possession of suit property - Plaintiffs only seek declaration of their share with claim of joint possession of suit land to the extent of their share - Neither plaintiffs sought..........
Registration Act, 1908, Section 47 -- Registration - Subsequent registration of sale deed in the absence of executant/vendor before sub-registrar on the day of registration is of no avail to purchaser, particularly when sale deed was registered after 2 years of cancellation of allotment...........
Transfer of Property Act, 1882, Section 54, Specific Relief Act, 1963, Section 31 -- Sale deed - Cancellation - Failure to perform conditions stated in sale deed - Term stated in the sale deed that in the event of purchaser failing to construct a building within a period of 2 years, same shall stand cancelled - Sale deed is cancelled automatically for violation of said..........
