Agreement to sell -- Suit for specific performance - Ready and willing - Defendant had undertaken some obligations like obtaining NOC and ITC certificates etc. which he did not fulfil - Property was under equitable mortgage with PNB, which had not been cleared as such defendant is not in a position to convey a clear title - Two notices sent by plaintiff also had no effect..........
Agreement to sell -- Suit for specific performance - Property was subjected to equitable mortgage with Bank - Vendor did not disclose to plaintiff if there was any mortgage when they entered into the agreement to sell and paid purchase price - Plaintiffs are thus bona fide purchasers - Also, Bank staff had colluded with Defendant No.1 when they parted with the documents of..........
Civil Procedure Code, 1908, Order 40, Rule 1 -- Receiver - Appointment - AIR 1965 Orissa 20 followed wherein held that: Court should not appoint a receiver of property in the possession of the defendant who claim it by legal title, unless the plaintiff can show prima facie that he has a strong case and good title to the property - Court must consider whether special..........
Evidence Act, 1872, Section 116 -- Estoppel - Title suit for eviction - Defendant admitted the plaintiff to be landlady of suit premises under a registered lease deed- Cannot challenge the title of landlady to be defective - Before surrendering possession tenant shall not be permitted to set up title in a third person...........
Transfer of Property Act, 1882, Section 54 -- Sale - Objections by stranger - Held, it is open even to a stranger to impeach a sale deed as void and invalid in a suit against him by the buyer/purchaser of a property - A person in his capacity as a defendant can raise any legitimate plea available to him under law to defeat the suit of the plaintiff - This also includes the..........
Evidence Act, 1872, Section 101, 102 -- Suit for declaration of title and recovery of possession - Defendant claiming title on the basis of adverse possession - Onus wrongly placed on plaintiff to prove his possession - Onus is on defendant to prove adverse possession for more than 12 years so as to give him title - No discussion made in this regard - Judgment set aside..........
Evidence Act, 1872, Section 68 -- Sale deed - Mere producing sale deed does not establish title of plaintiff unless it is proved by examining attesting witnesses...........
Specific Relief Act, 1963, Section 34 -- Suit for declaration of title and possession - Plaintiffs must succeed on the strength of their own title alone and not on the mere pleading that defendants are trespassers and not entitled to continue in possession - Mere producing sale deed does not establish title of plaintiff unless it is proved by examining attesting witnesses..........
Civil Procedure Code, 1908, Section 99 -- Misjoinder or non-joiner of parties or misjoinder of causes of action - Decree cannot be varied merely for this reason unless they affect the case of plaintiff on merits and touch the jurisdiction of Court - Plaintiffs have no common causes of action - Property not purchased by plaintiffs jointly - Encroachments not made by..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Estoppel by acquiescence - Suit for ejectment and recovery of rent on the ground of misuser of property for commercial purpose for which resumption order passed by Haryana Urban Development Authority - Defendant's plea that plaintiff waived his rights on principle of acquiescence or estoppel - Not..........
