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RAJASTHAN HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Temporary injunction - Suit for cancellation of sale deed - Land sold to defendant is towards western side 13 ft instead of 43 ft - Construction therefore, beyond 13 ft by defendant cannot be permitted - As regarding alternative plea of plaintiff to permit him for completing finishing work, as he..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Auction sale-- Leasehold rights or freehold rights - While interpreting sale deed, auction notice has to be looked into to find out the nature of transaction - Sale deed cannot be read divorced to auction notice or contrary to auction notice...........
BOMBAY HIGH COURT
Year of decision: 2019
Details
Transfer of Property Act, 1882, Section 54, 55(4)(b)-- Sale - Recovery of unpaid consideration - Part of amount paid and balance consideration promised to be paid - Seller has legal recourse u/s 55(4)(b) of the Act for amount unpaid and interest on such amount - Merely because it is not so specifically mentioned in sale deed, it does not take away..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Auction sale-- Conversion of leasehold rights into freehold rights - Property in question, which was put in auction was a property as lease hold rights residential plots - When property is auctioned, terms and conditions of auction are binding on both the parties - Auction notice provided for auction of..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Land Acquisition Act, 1894, Section 23-- Acquisition of land - Compensation - Comparable sale deed - Deduction of 60% from market value of a sale deed - There was no detailed discussion either by Reference Court or Appellate Court by taking into account relevant factors for making deduction of 60% from market value of a sale deed which..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Agreement to sell-- Specific performance - Unreasonable time gap between agreement to sell and target date - Target date for execution and registration of sale deed was fixed after a period of complete one year - However, day before said fixed date, a fresh agreement was executed in which reference was given to first..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Transfer of Property Act, 1882, Section 43-- Erroneous representation by vendor - Suit by heirs of vendor for cancellation of sale deed - Not maintainable...........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2019
Details
Registration Act, 1908, Section 49-- U, registered sale deed - Collateral purpose - U, registered sale deed cannot be received in evidence for want of registration and its terms cannot be used to prove delivery of possession also, as suit itself is filed for recovery of possession - Moreover, possession and its delivery are a primary..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Delhi Co-operatives Society Act, 2003, Section 70, 74, 91-- Transfer of property by allottee to a no, member of society - Validity - Allotment made by Society as freehold land to its members, who has further transferred/sold subject land/plot by registered sale deed to its successors/purchasers - Their right to become member of society are indeed saved u/s..........
MADRAS HIGH COURT
Year of decision: 2019
Details
Specific Relief Act, 1963, Section 34-- Simpliciter suit for injunction - Defendant denied title of plaintiff as vendor of plaintiff was not having any right and title to sell the suit property - Thus serious dispute raised by defendant as to plaintiffs title as such there was need for plaintiff to amend the plaint and convert the suit..........

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