Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Partition suit - Petitioner contended that suit property claimed by plaintiffs encompasses the property purchased by him from defendant - Even if it is assumed that petitioner is a purchaser pendente lite and even if it is treated to be not bonafide purchaser, yet since the sale is brought about by..........
Suit for Specific Performance -- Liability to pay compensation - - Defendant No.7 has purchased one acre of land under registered sale deed - First defendant has alienated one acre of land in favour of defendant No.7 after expiry of the period stipulated vide agreement - Defendant No.7 has stated that he would not have purchased this property if he had known that there..........
Suit for Specific Performance -- Liability to pay compensation - - Defendant No.7 has purchased one acre of land under registered sale deed - First defendant has alienated one acre of land in favour of defendant No.7 after expiry of the period stipulated vide agreement - Defendant No.7 has stated that he would not have purchased this property if he had known that there..........
Agreement to sell -- Specific performance - Subsequent purchaser - Plea of bonafide transferee for value without notice - Agreement to sell registered on 26.08.1985 - Subsequent sale executed on 28.10.1987 - Subsequent purchaser will be deemed to have notice of execution of earlier agreement to sell...........
Transfer of Property Act, 1882, Section 52 -- Transfer of property pending suit - Effect of S.52 of the Act which incorporates the doctrine of lis pendens is that the transfer will be subject to the outcome of the suit and that the plea of bonafide purchase or the lack of notice are not available to the purchaser against this doctrine - Transfer of property made lis..........
Agreement to sell -- Specific performance - Bona fide purchaser - Execution of GPA by defendant no.1 in favour of defendant no.2 is not denied by defendant no.1 - Defendant no.2 executed sale deed in favour of defendant no.3 on basis of said GPA - Defendant no.1 categorically stated in his written statement that agreement in favour of plaintiff is forged and fabricated -..........
Agreement to sell -- Specific performance - Plea of bonafide purchaser - Bonafide purchaser not entitled to raise plea regarding inadequacy of consideration of agreement between vendor and plaintiffs or that it was effectuated by fraud as such pleas can be taken only by vendor and not by subsequent purchaser...........
Agreement to sell -- Specific performance - Plea of bonafide purchaser - Registered sale deed executed in favour of subsequent purchaser - However, sale deed does not indicate date and manner in which sale consideration was paid - Said sale deed does not make any reference to any of two alleged un-registered agreement to sell executed between vendor and subsequent..........
Agreement to sell -- Suit for specific performance - Plea of bonafide purchaser - Appellant/defendant alleged that he is a bonafide purchaser of suit property and agreement set up by plaintiff is forged and fabricated document - Defendant being subsequent vendee cannot be held to be a bonafide purchaser, given the fact of close relationship - Courts below rightly held..........
Agreement to sell -- Suit for specific performance - Bonafide purchaser - Seller entered into agreement to sell with plaintiff and subsequently sold the suit land to defendants - However, plaintiff fail to show that he was in possession of suit land at the time of execution of sale deeds in favour of defendants by seller - Moreover, in absence of his examination as..........
