Specific Relief Act, 1963, Section 39 -- Suit for mandatory injunction seeking direction to defendant to execute sale deed in favour of plaintiff on the basis of agreement to sell in his favour - Plaintiff filed suit for mandatory injunction instead of suit for specific performance as such suit is not maintainable - Furthermore defendant Nos.1 & 2 executed sale deed in..........
Indian Penal Code, 1860, Section 420, 465, 467, 471, 474, 34 -- Cheating - Fraudulent sale deed - Attesting witness to a sale deed cannot be dragged into a web of crime, if there is no other allegation except that he is an attesting witness - Proceedings against attesting witness quashed...........
Evidence Act, 1872, Section 92 -- Sale deed - Subsequently executor executed another document transferring the same land, alongwith some other land - Sale deed duly registered testified to by attesting witness thereto and factum of registration of document also not disproved - Even in terms of S.92 of Evidence Act as regards its execution and registration, it cannot be..........
Specific Relief Act, 1963, Section 19(b), Transfer of Property Act, 1882, Section 52 -- Subsequent purchasers - Bona fides - (a) `K' attesting witness of sale deed in favour of subsequent purchasers is also attesting witness of agreement to sell in favour of plaintiff; (b) No payment has been made before Sub Registrar; (c) Subsequent purchasers have not appeared in the..........
Evidence Act, 1872, Section 68 -- Registered sale deed - Denial of its execution - Mere fact that executant/defendant is in the party array of suit alone, will not bring the document within purview of exception carved out in S.68 Proviso of the Act - S.68 Proviso of the Act alone would come into play without its exception and hence, there is no necessity for summoning or..........
Transfer of Property Act, 1882, Section 54 -- Sale deed - Attesting witnesses - Execution of sale deed does not need any attesting witness like gift deed which requires at least two attesting witnesses at the time of its execution as per S.123 TPA...........
Transfer of Property Act, 1882, Section 54, Evidence Act, 1872, Section 68 -- Sale deed - Proof - Provision of S.68 of Evidence Act which deals with examination of attesting witness to prove execution of a document, does not apply to sale deed which is governed by S.54 of TPA...........
Evidence Act, 1872, Section 68 -- Registered sale deed - Proof - To prove, it is not necessary to call an attesting witness when its execution is not denied specifically by a person who has executed the same, except the deed of `Will'...........
Transfer of Property Act, 1882, Section 54 -- Cancellation of sale deed - Undue influence - Vendor about 100 years of age - Wife (plaintiff) had no knowledge of execution of sale deed at the time when it was so executed - Entire transaction underwent clandestinely and those who in normal course must have knowledge thereof, were kept in the dark - Attesting witness of sale..........
Punjab Pre-emption Act, 1913, Section 15 -- Pre-emption - Plaintiff filed suit claiming superior right of pre-emption on ground of tenancy over suit land - Plaintiff himself thumb marked impugned sale deed in favour of defendant as an attesting witness and relinquished possession over suit land in favour of vendee defendant - Held, plaintiff not entitle to pre-empt sale...........
