Stamp Act, 1899, Section 2(10), Transfer of Property Act, 1882, Section 5 -- Conveyance - Explanation (As inserted by U.P.Act, 1981) - Deed of dissolution of partnership - No assigned or definite share of partners in movable and immovable assets during existence of partnership - Assignment done on basis of shares partners held in firm - Receipt of assets of firm on..........
Stamp Act, 1899, Section 2(10), Transfer of Property Act, 1882, Section 5 -- Explanation (As inserted by U.P.Act, 1981 - Conveyance - Deed of Dissolution of partnership - Consequential deed of release - Deed of release is only a sort of acknowledgement of title of partners to immovable properties conferred on them by deed of dissolution - It cannot be treated as conveyance..........
Specific Relief Act, 1963, Section 28 -- Decree for specific performance - Principles guiding the exercise of power u/s 28 of the Act are : (i) decree for specific performance of a contract is in the nature of a preliminary decree and therefore, till deed is executed pursuant to decree, Court that passed the decree is vested with jurisdiction to either rescind the..........
Civil Procedure Code, 1908, Order 21, Rule 35 -- Execution - Decree for specific performance of sale of immovable property inherently contemplates completion of transaction which includes execution and registration of sale deed and putting purchaser in possession unless contract or decree indicates otherwise...........
Civil Procedure Code, 1908, Order 21, Rule 35 -- Execution - Decree for specific performance - Delivery of possession - Decree attained finality and sale deed of subject land already executed in favour of DH - Once title has been conveyed denial of possession would render decree itself ineffective and frustrate the very purpose of granting specific performance...........
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..........
Agreement to sell -- Specific performance - Ready and willing - Application submitted to Sub-Registrar that plaintiff has come prepared with necessary funds - Application with stamp of office of Sub Registrar is duly proved by evidence of PW1 - Mere fact that plaintiff has not proved signatures of Sub-Registrar is not sufficient to belie said document when submission of..........
Agreement to sell -- Specific performance - Sale deeds executed by defendants in favour of third parties during pendency of litigation are certainly hit by doctrine of lis pendens and are non est - Plaintiffs have got sale deed of suit land executed in their favour by following due process of law on the basis of decree of specific performance granted in their favour by..........
Transfer of Property Act, 1882, Section 54 -- Cancellation of sale deed - Non receipt of consideration amount cannot be a ground for cancellation of a sale deed...........
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 6, Rule 17 -- Impleadment of subsequent transferee and amendment of plaint - Suit for specific performance - During pendency of suit gift deed executed by defendant in favour of his son and mutation entries made in favour of transferee - Transferee deserves to be impleaded as a party and plaint..........
