Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 2, Rule 2 -- Rejection of plaint - Bar U.O.2.R.2 CPC - Cause of action to seek declaration regarding ownership and for cancellation of gift deed & sale deed accrued to plaintiff only upon application for impleadment by defendant Nos.3 to 6 filed in earlier suit and pleading regarding said..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Agricultural land - Maintainability of suit before civil Court - Primarily relief prayed for in suit is cancellation of sale deed and declaration is a secondary relief - Plaintiffs have come up with a plea that they are recorded khatedars of land in question - They definitely did not require any..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for cancellation of sale deed, declaration and permanent injunction - Sale deed in question executed in favour of defendant Nos. 1 & 2 while playing fraud and misrepresentation without paying sale consideration to plaintiff - It cannot be said that suit has been filed without any cause of action -..........
Agreement to sell -- Specific performance - Plaintiffs paid more than 95% of sale consideration well within time - Sale agreement was executed by defendant Nos. 2 to 4 in favour of plaintiffs well prior to cancellation of power deed in their favour - Hence, there is no need to go into the question of validity of cancellation of power deed - Pre-suit notice was issued..........
Limitation Act, 1963, Article 59 -- Limitation - Suit for declaration that sale deed in question is null and void - Plaintiff had never executed sale deed in first place as it was proved that it was not her thumb impression that was affixed therein - She had not received sale consideration - In such circumstances and in absence of sale consideration being tendered, sale..........
Specific Relief Act, 1963, Section 31 -- Cancellation of sale deed - Sale of minor's property by father - Sale was for necessity - It was to discharge existing loans of family - One of witnesses to document was mother of plaintiffs - Antecedent debts existed which had been proved by recitals in sale deed - Since plaintiffs were under care and protection of their parents,..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for cancellation of sale deed and for perpetual injunction - Specific case of plaintiff is that defendant had obtained sale deed under coercion and by playing fraud and misrepresentation and no sale consideration has been paid to him - Cause of action is mixed question of facts and law and aspect of..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for cancellation of sale deed filed on two grounds i.e on basis of non-payment of sale consideration and on the ground of fraud - Even if suit is not maintainable on the ground of non-payment of sale consideration - However, there cannot be partial rejection of plaint, as plaintiff is seeking..........
Specific Relief Act, 1963, Section 31 -- Cancellation of sale deed - Once a sale deed is adjudged to be void or voidable or is cancelled by civil Court, no further reliefs would be required to be claimed and necessary consequences from such adjudication/cancellation would ensue...........
Specific Relief Act, 1963, Section 31 -- Suit for cancellation of sale deed - Without claiming relief of possession - Non-suiting plaintiff on the ground that relief of possession was not claimed, though it was neither factual nor a legal necessity, would be wholly unjust and unfair to a plaintiff who succeeded to establish title in his favour arising out of cancellation..........
