Limitation Act, 1963, Article 65 -- Limitation - Suit for declaration of title and possession - Sale deed in question executed in 1967 - Plaintiff himself admitted that he first time came to know that land is being cultivated by defendants in the year 1985 - Though it is said that due to family relations and adjacent boundaries plaintiff could not gather that possession of..........
Limitation Act, 1963, Article 136 -- Execution - Limitation - Execution of decree for getting possession of property in a decree for specific performance - Limitation starts to run from the date of execution of sale deed and not from the date of decree...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Transferee pendente lite - Defendants, who are family members of plaintiff not contesting the suit - Petitioner has purchased the property by registered sale deed on payment of sale consideration - Impleadment allowed...........
Specific Relief Act, 1963, Section 28 -- Decree for specific performance - Extension of time to deposit balance sale consideration - Trial Court in its discretion granted extension of time for depositing balance sale consideration assigning cogent reasons - Plaintiff deposited the balance sale consideration and sale deed was executed in his favour - High Court therefore,..........
Agreement to sell -- Specific performance - Plaintiff paid 80% of entire sale consideration to defendants and were ready to pay remaining sale consideration - Even, plaintiffs presented themselves in the office of Sub-Registrar for getting sale deed registered and executed - Plaintiffs were indeed ready and willing to perform their part of agreement to sell - Suit rightly..........
West Bengal Land Reforms Act, 1956, Section 8, 9 -- Pre-emption - Deposit of entire sale consideration with additional 10% of the sale consideration, alongwith pre-emption application is a statutory and mandatory requirement and it is a pre-condition before any further enquiry as contemplated u/s 9 of the Act is held - Non compliance of said mandatory provision would..........
West Bengal Land Reforms Act, 1956, Section 8, 9 -- Pre-emption - Non-deposit of entire sale consideration with additional 10% of sale consideration - Pre-emptors contended that they did not deposit said amount because they bonafidely believed that sale consideration mentioned in sale deed is in favour of vendee who is an outsider, was higher than actual sale consideration..........
West Bengal Land Reforms Act, 1956, Section 8, 9 -- Pre-emption - Contention regarding non-deposit of entire sale consideration with additional 10% of sale consideration by pre-emptors, raised first time before Supreme Court and therefore same be not permitted to be raised now - Said contention would go to root of matter on maintainability of pre-emption application as..........
Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Impleadment of a third party - Suit for declaration that sale deed is null and void - Applicant sought his impleadment on the basis of agreement to sell - However, he has not got any direct or legal interest involved in controversy in suit and that too when suit for specific performance or suit for declaration of a sale..........
Criminal Procedure Code, 1973, Section 107, 397, 401 -- Order passed without jurisdiction - Revision thereagainst - Sale deed annexed with the petition suggest that petitioner has purchased the land in question and he ought to have been made a party which is not done - Order passed in absence of petitioner - That does not mean that petitioner is not entitled to challenge..........
