Civil Procedure Code, 1908, Order 2, Rule 2, Civil Procedure Code, 1908, Section , Order 47, Rule 1 -- Agreement to sell - Possession delivered - Vendor threatened to interfere in possession - Suit by Vendee for confirmation of possession & permanent injunction - Vendee reserving right to file suit for getting sale deed executed - Subsequent suit for specific performance -..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Dispossession during pendency of suit - Suit for cancellation of sale deed and injunction - Suit filed in 1982 and dispossession alleged to be in 1983 and amendment claiming relief of possession sought in 1996 - Amendment sought highly belated - Application dismissed...........
Specific Relief Act, 1963, Section 19(b) -- Suit for specific performance - Relief of specific performance can be granted even when relief of cancellation of sale deed in favour of subsequent purchaser is not claimed - Subsequent purchaser can be jointed as a party to the suit - Plaintiff need not seek for cancellation of sale deed in favour of subsequent purchaser unless..........
Transfer of Property Act, 1882, Section 54, Specific Relief Act, 1963, Section 31 -- Sale deed - Cancellation - Sale deed proved to be fraudulently executed by defendant without consent and knowledge of owner - Sale deed cancelled - No interference...........
Civil Procedure Code, 1908, Order 6, Rule 2 -- Pleadings - Suit for cancellation of sale deed alleged to be got executed by defendants without consideration and by playing fraud on his father - In said suit it is enough to plead that `K' is his mother and he is son of `S' - In such a suit it is not required to plead that `K' is second wife of `S' or that marriage between..........
Evidence Act, 1872, Section 50, 101, 102, 103, 104 -- Suit for cancellation of sale deed alleging that defendants got it executed from his father `S' by playing fraud - Allegation by defendant that plaintiff is not son of `S' and his mother `K' was not second wife of `S' - This fact is required to be proved by defendants themselves - Plea that plaintiff is required to..........
Evidence Act, 1872, Section 32 -- Suit for cancellation of sale deed alleging that defendants got it executed from his father `S' by playing fraud - Plaintiff filed family register maintained under Panchayat Raj Act, indicating that plaintiff is son of `S' and also certified copy of Will of `S' wherein it is indicated that plaintiff is son of `S' - Statement of `S' in Will..........
Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950, Section 331 -- Suit for cancellation of sale deed alleged to be got executed from father of plaintiff by playing fraud - S.331 is not applicable in such circumstances - Suit for cancellation of sale deed which is void or voidable in respect of agricultural land is maintainable in Civil Court...........
Civil Procedure Code, 1908, Section 31, Specific Relief Act, 1963, Section 31, U.P.Zamindari Abolition and Land Reforms Act, 1951, Section 331 -- Sale deed - Suit for cancellation of sale-deed - Plaintiff tenure-holder in possession of land - Civil Court's jurisdiction - Not barred by invoking S.331 of U.P. Act Civil suit regarding Cancellation - Maintainable. S.9...........
Civil Procedure Code, 1908, Section 9, Specific Relief Act, 1963, Section 31, U.P.Zamindari Abolition and Land Reforms Act, 1951, Section 331 -- Suit for cancellation of sale-deed - Plaintiffs right of holding over possession - Civil Court's jurisdiction - Not barred by invoking S.331 of U.P.Act...........
