Agreement to sell -- Specific performance - Further sale of property much prior to issuance of legal notice and institution of suit in favour of appellant No.7 - No relief sought for cancellation of such sale deed - Suit for specific performance is not maintainable...........
Transfer of Property Act, 1882, Section 54 -- Sale deed - Unilateral cancellation of sale deed by defendant no.1 - Entire right, title and interest of defendant no.1 in suit property has been transferred to plaintiff vide sale deed - Plaintiff has taken over suit properties with liabilities as set out in sale deed - Unilateral cancellation of sale deed not binding on..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for cancellation of sale deed and permanent injunction - Property in question is a joint family property which has been sold without there being any partition - Suit thus, cannot be rejected merely on basis of plaint averments - Application rightly rejected...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by limitation - While considering application U.O.7.R.11 CPC only averments in plaint are to be seen - From the averments of plaint, Court is not satisfied that suit seeking cancellation of sale deed is hit by law of limitation - Application rightly dismissed...........
Transfer of Property Act, 1882, Section 54 -- Sale deed - Cancellation - Suit for cancellation of sale deed at the behest of non executant of the sale deed is not maintainable...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Suit for cancellation of sale deed executed by plaintiff in favour of defendant - Sale deed in question speaks about payment of entire consideration money at the time of its execution and title and possession passed to purchaser soon on registration of sale deed - Cheques mentioned in sale deed were..........
Transfer of Property Act, 1882, Section 54 -- Sale deed - Cancellation of sale deed on the ground that plaintiff was ill and undue influence was exercised by defendant - Plaintiff was not proved to be ill on the date of execution of sale deed as alleged - Doctors who had given prescriptions were never produced - None of brother of plaintiff had come in the witness box to..........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Cancellation of sale deed on ground of fraud and misrepresentation - Suit filed after a period of 10 years from the date of execution of registered sale deed - Nothing has been mentioned on which date and how plaintiff had the knowledge that document was obtained by fraud and/or misrepresentation -..........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Bar of subsequent suit - Earlier suit for permanent injunction - Second suit for cancellation of sale deed alleging it to be void - Propriety of sale deed not challenged in the earlier suit though it was alleged that sale deed is a void document - There is absolute relinquishment of right on part of plaintiff to put a..........
Specific Relief Act, 1963, Section 31, Hindu Minority and Guardianship Act, 1956, Section 8 -- Sale deed - Cancellation sought on ground of inclusion of share of minor - Property sold for benefit of minor - Separate cheques issued by purchaser as per demand of seller wherein specified amount is shown as per proportionate share in property - Suit not filed by natural..........
