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MADRAS HIGH COURT
Year of decision: 2019
Details
Partition suit -- Without seeking cancellation of sale deed - Maintainability - Suit property transferred in the name of one of legal heir of original allottee/defendant No.1 as per Government order - Plaintiff/other legal heir not objected the said document at the time of allotment - Therefore, without avoiding..........
RAJASTHAN HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Temporary injunction - Agreement to sell executed by owner in favour of appellant - Son of owner on the basis of power of attorney sold the property to respondent - Appellant filed suit for specific performance and cancellation of sale deed executed in favour of respondent - Respondent is a bona..........
UTTARAKHAND HIGH COURT
Year of decision: 2019
Details
Agreement to sell -- Specific performance - Readiness and willingness - Plaintiff was ready and willing to perform his part of contract as per findings of trial Court - Overwhelming evidence to substantiate this fact is on record, more particularly notice given by plaintiff to defendant expressing that he is ready and..........
UTTARAKHAND HIGH COURT
Year of decision: 2019
Details
Agreement to sell -- Suit for specific performance - Subsequent sale - Suit can be instituted within the period of three years from cause of action arose between parties - Defendant executed sale deed in favour of subsequent purchasers within three years of period of limitation - It was mandatory for defendant to wait..........
MADRAS HIGH COURT
Year of decision: 2019
Details
Indian Penal Code, 1860, Section 468, 471, 120B-- Forgery - Criminal conspiracy - Accused allegedly fabricated partition deed and executed GPA in favour of A3 and A4 - Petitioner entered into sale agreement to purchase the property from A3 and A4 - He also committed offence in connivance with other accused to grab the property from complainant -..........
ALLAHABAD HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 21, Rule 97-- Execution - Third party objections - Suit for specific performance - Petitioner resisted delivery of possession in pursuant of sale deed obtained by DHs in suit on the ground that defendants had no title in suit property - Executing Court decided the issue in favour of petitioner, and returned..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Agreement to sell-- Suit for specific performance - Agreement to sell though in fact is sale deed but since sale is not complete as it is not registered as such suit filed by plaintiff for direction to defendant to get the same registered and enforced is maintainable...........
RAJASTHAN HIGH COURT
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 239, 216-- Discharge - Power of attorney executed by impersonating complainants and thereafter property was sold - Civil suit pending pertaining to the sale deed - However, civil court will not adjudicate as to how criminal offence was committed by impersonation - Fraud committed is a criminal offence and..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Transfer of Property Act, 1882, Section 54-- Registered sale deed - Suit for declaration challenging sale deed - Non-examination of Sub-Registrar - Registration of sale deed carries a presumption of truth - However, withholding Sub-Registrar is one of ground for dismissal of suit, as if at all there was some truth, efforts should be made to..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2019
Details
Suits Valuation Act, 1887-- Sale effected by defendant not assailed - In absence of any declaration such sale could not be set aside - Relief of possession does not include the relief of declaration - As there was no issue regarding validity or otherwise of sale deed as such sale deed cannot be set aside...........

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