Agreement to sell -- Specific performance - Sale deed executed but could not be registered - Held, unregistered sale deed can be taken as evidence of a contract in a suit for specific performance...........
Specific Relief Act, 1963, Section 38 -- Suit for perpetual injunction - Suit property a road - False claim of title - Unregistered sale deed, not reliable - Injunction cannot be granted on basis of such document...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for permanent injunction - Defendant taking plea first time in second appeal that erstwhile owner has executed unregistered sale deed of suit property in his favour at the time of filing of suit - No such plea taken before First Appellate Court - Said plea cannot be considered at the stage of second appeal -..........
Limitation Act, 1963, Article 64, 65 -- Limitation - Plea of adverse possession - Admittedly, appellant is a third purchaser of suit property from deceased and is in possession of property since long through oral sale-deed - Limitation for adverse possession cannot be reckoned from period of oral agreement rather period will be reckoned from the date of alleged..........
Civil Procedure Code, 1908, Order 7, Rule 11, Registration Act, 1908, Section 17(1A), 49, Transfer of Property Act, 1882, Section 53A, 54, Specific Relief Act, 1963, Section 15, 20, 21, 22 -- Rejection of plaint - Suit for specific performance - Unregistered agreement to sell - Application for rejection of plaint on the ground that suit for specific performance on the..........
Transfer of Property Act, 1882, Section 17, 49 -- Unregistered sale deed valuing more than Rs.100 - It is compulsorily registrable document u/s 17 of the Act - Such document without registration cannot be led into evidence and ownership rights cannot be claimed on the basis of said document - However, such document can be seen for collateral purposes...........
Transfer of Property Act, 1882, Section 123, Registration Act, 1908, Section 17 -- Unregistered gift deed - Gift deed being compulsorily registrable document leaves no impact if it is unregistered - Getting the gift deed registered subsequently to the registered sale deed of the same property is also no impact as the same is obviously to obviate the concurrent decrees of..........
Will -- Validity - Claim of title on the basis of unregistered Will - Defendant claiming right on the basis of sale deed - Defendant being third party, claiming right under the sale deed, cannot insist even for the proof of Will as per S.68 of Evidence Act, much less raising suspicious circumstances in the Will - Defendant cannot question validity of Will...........
Will -- Suspicious circumstances - Claim of title on the basis of unregistered Will - Defendant claiming right on the basis of sale deed - Defendant being a stranger, cannot insist to prove Will as such burden of removing suspicious circumstances, does not arise...........
Transfer of Property Act, 1882, Section 54 -- Sale deed - Cancellation - Unregistered agreement to sell - Plaintiff pleaded his rights on the basis of an unregistered agreement and had utterly failed to prove the same - Lower Courts concurrently gave finding that plaintiff could not prove grounds for cancellation of sale deed mentioned in plaint - No interference warranted..........
