Agreement to sell -- Specific performance - Interest on balance sale consideration - Relief of specific performance granted in favour of plaintiff - Equities would be balanced if defendant is adequately compensated by higher rate of interest i.e 21% p.a from the date when permission to sell the property from concerned authority was taken till date...........
Rent and Eviction -- Single or different tenancies - Even if a property is let out at different times, and may be, for two different purposes (residential or commercial), Courts would not be justified in splitting the tenancy and creating separate transactions, unless permitted by law...........
Rent and Eviction -- Single or different tenancies - Tenancy held to be single for the reasons that (i) all the portions of the demised premises are part of the same property; (ii) there is no instrument or document creating different tenancies or lease, as alleged; (iii) evidences of single payment; and (iv) one entity being in possession of the entire premises (be he the..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim Injunction - Ancestral property - Inheritance prima facie is from a direct male ancestor exceeding three degrees higher than themselves - Plaintiffs only intend that defendant should not alienate, encumber, transfer or change the nature of suit property in any manner during pendency of suit - They have not..........
Transfer of Property Act, 1882, Section 54, Limitation Act, 1963, Article 59 -- Sale deed - Can be ignored only where it is void ab initio - Where it is pleaded that sale deed is a voidable document because it ought not to have been executed or that there is a fraudulent transfer of title by means of particular sale deed or for any reason which makes the transfer voidable,..........
Transfer of Property Act, 1882, Section 3 -- Attested - Attestors of documents - Need not know contents of document and need not always be witness to passing of consideration under sale deed...........
Evidence Act, 1872, Section 115 -- Plea of estoppel - No estoppel against provisions of Transfer of Property Act, 1882 and Registration Act, 1908 which provide for conveyance of title only through registered document...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, 29 -- Recovery of 2.750 kg charas - Case property was not produced before SHO - SHO not deposed that he was on leave on the relevant date - Column in NCB form was not filled by SHO - It was only if SHO himself was I.O, he was not required to fill up columns in NCB form - Prosecution failed to prove its case..........
Registration Act, 1908, Section 17, 49 -- Family settlement - Unregistered written Panchayat resolution regarding family settlement - Can be used as a piece of evidence explaining settlement arrived at and the conduct of parties in receiving the money from defendant in lieu of relinquishing their interest in the suit property...........
Partition -- Joint family property - Possession and cultivation of item No.3 was by family, however, patta was granted in the name of defendant for the benefit of entire family - Since, there was no division of status among defendants and plaintiffs, thus, they all are entitled to equal shares in item No.3 to the extent of 1.5th share each...........
