Civil Procedure Code, 1908, Section 9, Order 7, Rule 11, Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950, Section 143 -- Suit for cancellation of sale deed - Jurisdiction of civil Court - Plaintiff/appellant herself accepted in the plaint that her name is not recorded in the revenue records - Held, in absence of averment in the plaint that plaintiff is..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Suit for specific performance - Amendment sought to implead subsequent purchaser as second defendant and adding relief of cancellation of registered sale deed - Held, inspite of due diligence, plaintiff could not file petition seeking amendment as well as impleadment of subsequent purchaser - Subsequent..........
Court Fees Act, 1870, Section 7(iv)(c) -- Court fee - Payment of - Suit for cancellation of sale deed or a declaration that deed is invalid, non est, illegal or not binding - Does not convert the suit into one for a declaration with the consequential relief of possession so as to fall within the provisions S.7(iv)(c) of the Act - Therefore, plaintiff not entitled to pay Ad..........
Court Fees Act, 1870, Section 7(iv)(c) -- Court fee - Sale deed - Challenged as null and void - Plaintiff when not a party to the sale deed and also not seeking possession, is not required to pay ad-valorem court fee but where the plaintiff is seeking cancellation of sale deed along with consequential relief of possession, he is required to pay ad-valorem court fee...........
Consumer Protection Act, 1986, Section 2(1)(g) -- Housing - Flat allotment - Cancellation of flat of allottee as she was a defaulter and failed to get the sale deed executed within the stipulated time - Construction company cannot be held guilty of deficiency in service on its part - Since it had been within its right cancelled the allotment order in favour of complainant..........
Registration Act, 1908, Section 32, 32A, 34A -- Unilateral cancellation of sale deed - Any deed sought to be registered must be signed by both the parties - Unilateral deed of cancellation of sale cannot be entertained...........
Registration Act, 1908, Section 32, 32A, 34A -- Unilateral cancellation of sale deed - (i) A deed of cancellation of a sale unilaterally executed by the transferor does not create, assign, limit or extinguish any right, title or interest in the property and is of no effect - Such a document does not create any encumbrance in the property already transferred - Hence such a..........
Court Fees Act, 1870, Section 7(iv)(c) -- Suit for declaration as well as joint possession over the joint Hindu Family Coparcenary property - No prayer for cancellation of sale deed - Plaintiff not executant of sale deed - Ad valorem Court fee is not payable - Moreover S.7(iv)(b) of the Act also exempts the payment of ad valorem Court fee where a share in joint Hindu..........
Transfer of Property Act, 1882, Section 54, Specific Relief Act, 1963, Section 31, Limitation Act, 1963, Article 59 -- Sale deed - Cancellation - Limitation - Prayer for declaration that sale deed is null and void - Unless deed of sale is cancelled the transfer cannot be held to be null and void - Suit for cancellation of sale deed is governed by Art.59 of Limitation Act -..........
Civil Procedure Code, 1908, Order 7, Rule 6 -- Exemption from limitation - Suit for cancellation of sale deed filed beyond limitation - No pleading in the plaint seeking exemption from limitation in terms of O.7.R.6 CPC - Held, plaintiff cannot agitate exemption from limitation for the first time in second appeal - Suit was barred by limitation...........
