Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of subsequent purchaser - Suit was filed for declaration of title and plaintiff disputed the right and title of defendant over suit property - When such is the case, transfer of property or selling part of suit property to proposed party during pendency of suit proceeding is subject to Doctrine of Lis Pendens..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration and possession - Auction sale - Purchaser at auction obtains such rights as are vested in vendor at the time of sale - Where, at the time of sale a portion of land is in public use or is under physical control of State agencies, auction cannot confer upon a purchaser better rights than those enjoyed by vendor -..........
Partition suit -- Partition suit and declaration of sale deed as null and void - Plaintiffs failed to establish that they are legal heirs of original pattedar - They have also miserably failed to produce cogent material to show their continuous possessions vis-a-vis possession of suit property by defendants - Defendants on the other hand have been able to show that sale..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration and for recovery of possession - Suit properties were exclusive properties of husband of plaintiff and to meet his medical and agricultural expenses, item No.3 of suit properties was sold to defendant No.3 - Defendant No.3 proved that he was bona fide purchaser of property in question - No evidence is..........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Earlier simple suit for injunction was filed and subsequent suit is for declaration - Issue regarding ownership and possession decided against one `S' in earlier suit - Plaintiff in subsequent suit being purchaser of said property from said `S' would definitely be bound by the same - He cannot be permitted to set up..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration of title and recovery of possession - Plaintiff purchased the suit properties by registered sale deed - He thus, categorically proved his case as regarding title of suit property - In so far as possession is concerned, though defendant was put in possession on basis of agreement of sell but since he failed to..........
Civil Procedure Code, 1908, Order 39, Rule 1, 4 -- Temporary injunction - Restraining respondents from execution of decree of declaration passed in another suit - Plaintiffs in present suit filed partition suit - They claim their right through purchaser cannot be allowed to obstruct execution of decree passed in another suit and should wait for a decree for partition to be..........
Specific Relief Act, 1963, Section 19(b) -- Bona fide purchaser - Suit for declaration of title - Decree for specific performance obtained by plaintiff in earlier suit behind the back of a bona fide purchaser, as transaction had taken place prior to institution of suit for specific performance - Plaintiff had knowledge of transaction with respect to suit land between third..........
Agreement to sell -- Specific performance - Execution of sale deed in favour of subsequent purchaser - Plaintiff is not required to seek cancellation or declaration of sale deed in favour of third party - If suit for specific performance is decreed then original vendor and third party purchaser/subsequent purchaser is required to join and execute sale deed in favour of..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Suit for declaration of title - Requirement arises in the case to exercise jurisdiction by appellate Court to call for a further evidence to satisfy itself whether purchaser had purchased same land by paying valuable consideration thereof thrice by means of three independent sale..........
