Transfer of Property Act, 1882, Section 54 -- Sale deed - Plea of bona fide purchasers - Suit for joint possession and that sale deed in question is null and void - Suit property sold by defendants nos. 1 & 2 in favour of defendants nos. 4 & 5 who in turn sold the property to subsequent purchasers who are claiming themselves to be bona fide purchasers - Plaintiff filed..........
Limitation Act, 1963, Article 59 -- Limitation - Suit for joint possession and that sale deed in question is null and void - Suit filed after a period of more than three years from the date of knowledge of sale deed, is time barred - Suit dismissed being barred by limitation. ( Para 8)..........
Civil Procedure Code, 1908, Section 24(2) -- Transfer of case - When property is common in two suits, Court can order transfer of one suit from one Court to another - However, Court while exercising power u/s 24(2) CPC cannot order joint trial of the transferred suit...........
Joint family property -- Gift of joint family property in favour of one of the sons, on the basis that same is acquired property - Not legally valid and cannot be acted upon...........
Hindu Law -- Joint Hindu Family Property - Plea that property was purchased from the funds provided by Sadhu Ram or by defendants No.1 to 5 - It was thus duty of Sadhu Ram or defendants No.1 to 5 to prove that property was purchased exclusively from the funds of Sadhu Ram and that plaintiff had not contributed anything towards the purchase consideration of the property,..........
Hindu Law -- Joint Hindu Family Property - Plea of defendants that land was purchased from the funds contributed by defendants No.1 to 5, though in the name of defendant No.6, their father - However, some of the defendants were minor at the time when suit property was purchased - Therefore they could not have contributed towards the consideration of the suit property at..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Plea that plaint not presented by an Officer appointed by the company - Plaintiff a limited company and plaint signed and presented by Joint Zonal Manager - Whether such Joint Zonal Manager has power to represent the plaintiff or not can be decided only by appreciating evidence led by parties -..........
Partition -- Partition can be entered into between parties who are joint owners of property - In case, father wants to give property to his sons, of which he is absolute owner, it can be done by Will or by means of gift deed or donation - High Court rightly observed that partition deed is to be construed either as gift deed or family settlement - Petition dismissed...........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite for herself and for child - Since both husband and wife are educated and earning independently as such wife is not entitled to maintenance pendente lite - Since wife is undertaking welfare of female minor child who resides with her, as such, wife is entitled to some amount for shouldering said responsibility..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 22 -- Joint property of mother and son - Direction issued to son and daughter-in-law to shift from ground floor to first floor - Mother who is 97 years old lady having suffered hip fracture, therefore, unable to move - Dispute if any between son and his mother, same is a dispute inter-se between two..........
