Agreement to sell -- Time whether essence of contract - In a contract for sale of immovable property, normally it is presumed that time is not the essence of the contract - Even if there is an express stipulation to that effect, the said presumption can be rebutted - To find out whether time was essence of the contract, it is better to refer to the terms and conditions of..........
Specific Relief Act, 1963, Section 16(c) -- Suit for specific performance - Ready and willing - Subsequent purchaser not impleaded who is a necessary party - Plaintiff is deemed to be aware of subsequent purchaser in whose favour registered sale deed is executed - In any case if plaintiff is not aware of the names of subsequent purchaser then it was open for plaintiff to..........
Civil Procedure Code, 1908, Order 1, Rule 9, Transfer of Property Act, 1882, Section 3 -- Suit for specific performance - Necessary parties - Subsequent purchaser is a necessary party - Plaintiff is deemed to be aware of subsequent purchaser in whose favour registered sale deed is executed...........
Adverse possession -- Possession by a person who claims to have been put in possession under an agreement for sale cannot be adverse to that of the title holder, but can only be permissive and subservient to the title holder - However, nature of the possession which to begin with was permissive can later turn to be adverse...........
Transfer of Property Act, 1882, Section 54, Specific Relief Act, 1963, Section 34 -- Sale - Executed by power of attorney holder - Power of attorney was cancelled two days earlier to execution of sale deed and a legal notice was sent to attorney - Balance sale consideration amount not received by attorney at the time of execution and registration of sale deed - Power of..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Suit for cancellation of sale deed - Plaintiff dispossessed during pendency of suit - Amendment sought to claim relief of mandatory injunction - As plaintiff was dispossessed during pendency of suit as such amendment was necessary - Nature of suit is not changed by the proposed amendment - Amendment..........
Punjab Pre-emption Act, 1913, Section 4, 15 -- Sale of land described as Gair Mumkin Bara in the revenue record - Held, co sharer of land not entitled to pre-emption even though it is not an agricultural land - It shall remain village immovable property if the land is situated in the village and the provisions of Section 15 of the Act shall be applicable to such land...........
Consumer Protection Act, 1986, Section 2(1)(g) , 14(1)(d) -- Housing - Bungalow - Sale of - Conveyance deed - Non execution of in favour of complainant - respondent even after 7 years of delivery of possession - Direction by the Fora below for execution of conveyance deed upheld - The compensation of Rs. 10,000/ - awarded by the District Forum and affirmed by the State..........
Civil Procedure Code, 1908, Section 4, Order 7, Rule 11 - - Principles of equity, good conscience and justice - Appellant and respondent No.1 are nephew and uncle - Case set up by plaintiff is that for purchase of plot in question, half of sale consideration was contributed by him with a clear understanding that appellant shall be owner of half share in plot in question -..........
Registration Act, 1908, Section 17, 32A, 34 -- Unilateral execution of cancellation of sale deed - Held, Registering Officer is obliged legally to reject and to refuse to register a deed of cancellation of a sale unilaterally executed without the knowledge and consent of other parties to the sale deed and without complying with S.32A of the Registration Act...........
