Suit for possession -- Suit for possession and mesne profits - Suit filed on the basis of agreement to sell, Power of Attorney, an Affidavit and a Will - No title can be transferred with respect to immovable property on the basis of an unregistered agreement to sell or on the basis of an unregistered General Power of Attorney - Even if agreement to sell and power of..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for permanent injunction - Suit of plaintiff based on settlement deed executed in his favour and two sale deeds - Settlement deed executed only a few days prior to institution of suit - Sale deeds which plaintiff put forward as documents of title are unregistered documents - Courts below rightly held that..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for permanent injunction - Plaintiff claims title through unregistered documents - However, sale deed executed by defendant no.2 in favour of third defendant is a registered one - Plaintiff has not proved a valid title to suit property - No steps taken by plaintiff to cancel the registered sale deed in favour..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for permanent injunction - Reliance on an unregistered agreement to sell in suit cannot be a ground for rejection of plaint...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendants from selling properties allegedly bequeathed to him by father of defendants through unregistered Will - Finding on prima facie case recorded by trial Court while allowing application is not supported by any material on record - Trial Court has put negative burden upon defendant..........
Specific Relief Act, 1963, Section 31 -- Cancellation of gift deed - Plaintiff relying upon agreement to sell which is neither executed by owner of property nor by his power of attorney but is executed by a person, who has no authority in law to enter into an agreement to sell - Even otherwise also, agreement to sell is unregistered and in absence of registration of..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit for injunction based on possession on the basis of unregistered and insufficiently stamped instrument, which under law does not affect such immovable property - Plaintiff has no prima facie case in his favour - Order vacating injunction, upheld...........
Agreement to sell -- Registration - Suit for specific performance - Document not falling under S.17(1A) of Registration Act, 1908 - Unregistered agreement to sell is admissible in evidence in a suit for specific performance. (Registration Act, 1908, Ss.17(1A), 49 Proviso)...........
Will -- Exclusion of daughter - Will is unregistered and only one attesting witness was examined who was related to testator and also participated in proceeding before revenue authorities for carrying out mutation in favour of defendant - Scribe of Will also not examined - Will discarded...........
Civil Procedure Code, 1908, Section 151, Order 13, Rule 3 -- Admissibility of document - Unregistered and insufficiently stamped document - Liberty is granted to raise objection in the course of suit proceedings as to admissibility of document or otherwise of document for want of registration in terms of S.17(1) of Registration Act, if it is open or otherwise permissible -..........
