Specific Relief Act, 1963, Section 34 -- Title suit - Plaintiff claiming on the basis of sale deed whereas defendant claiming on basis of Will - Will duly proved to be genuine - Owner of property under Will was neither a party to sale deed nor his mother affixed her signature therein in the capacity of being his guardian - Title did not pass under the sale deed - Sale deed..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration of ownership and to declare the sale deed as null and void - Defendant pleaded sale deed in his favour which plaintiff asserted to be forged and created through impersonation - Original sale deed not produced - Leads to inevitable conclusion that had the original document been produced impersonation would have..........
Transfer of Property Act, 1882, Section 54 -- Sale deed - If payment is made by cheque and cheque is dishonoured, then sale deed cannot be considered invalid only on this ground...........
Hindu Succession Act, 1956, Section 14(1) -- Property of Hindu female - Life interest was given to Hindu Female and she was in possession of same - She died in the year 1996 after coming into force of the Act - Even before her death, she become absolute owner of suit property - Since she sold the property to defendant in 1991 and sale deed shows absolute right over..........
Agreement to sell -- Specific performance - Compromise decree - Defendant agreed to execute sale deed of 1/4 share out of his 1/3rd share - This is an act promised to be done by defendant who is promisee and plaintiff is promisor - Plaintiff expressed his desire that in lieu of promise given by promisee Court be pleased to grant compromise judgment and decree as per terms..........
Transfer of Property Act, 1882, Section 54 -- Sale deed - Where executants of a sale deed seeks to avoid sale deed, he has to sue for cancellation of deed - However, if a no, executant seeks to avoid sale, he has to sue for declaration that deed executed is invalid and void and he is not bound by it...........
Court Fees Act, 1870, Section 7(iv)(c) -- Ad valorem Court fee - Cancellation of sale deed - Plaintiffs not executant of sale deed - Plaintiffs not liable to pay ad valorem Court fee on the sale consideration mentioned in the sale deed - Ad valorem Court fee is required to be paid by executant of a sale deed who seeks to get it cancelled/annulled - A non executant who..........
Transfer of Property Act, 1882, Section 54 -- Sale deed - Where executant of sale deed wants it to be annulled, he has to seek cancellation of deed - If no, executant seeks annulment of sale deed, he has to seek a declaration that deed is invalid, or no, est, or illegal or that it is not binding on him...........
Court Fees Act, 1870, Section 7(iv)(c) -- Ad valorem Court fees - Suit for declaration that sale deed is null and void and consequential relief of possession - If non-executant who is not in possession seeks not only a declaration that sale deed is invalid but also consequential relief of possession, he has to pay ad valorem Court fees as provided u/s 7(iv)(c) of the Act -..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleading a party - Suit for specific performance - Transferee pendente lite - Law as to - (i) a contract of specific performance is enforceable against the parties to the contract including those who are claiming under them; (ii) It is not enforceable against a subsequent transferee for value who has paid money in good..........
