Civil Procedure Code, 1908, Order 2, Rule 2 -- Suit for partition and cancellation of relinquishment deed - Earlier suit was for injunction against dispossession and against mutation - Plea in earlier suit that defendant had not fulfilled her part of agreement leading to relinquishment - Same cause of action in both suits - Pleadings also identical - Plaintiff in previous..........
Civil Procedure Code, 1908, Order VI, Rule 17 -- Amendment of plaint - Originally suit for recovery of the earnest money filed - Amendment sought to convert the same in a suit for specific performance of agreement - Filing of suit for recovery amounts to relinquishment of the relief of specific performance - Plantiff not entitled to claim decree for specific performance by..........
Hindu Law -- Partition - Relinquishment of share in joint family property - Relinquishment deed is effective as regards joint family properties, but not separate properties, which could be done only by conveyance - Relinquishment deed can be either for consideration or for no consideration...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Against sale of mortgaged property - Plea of plaintiff that he was owner of half of property mortgaged by co-owner - Record showing that plaintiff had executed Relinquishment deed in respect of his share of property in favour of co-owner - Plaintiffs attempt to seek injunction restraining bank from..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for declaration whereby plaintiff claiming title to property on ground that no Relinquishment deed was executed by him favour of co-owner - Right to sue arose when document was executed and duly registered - Suit filed after lapse of 16 years from date of execution of deed - Barred by time - Plaint..........
Specific Relief Act, 1963, Section 12(3) -- Part performance - Relinquishment of claim - Agreement to sell on his own behalf and on behalf of sister on the premise of requisite authority on behalf of his sister - Sister never authorised to enter into agreement to sell - Application to amend plaint to relinquish a share filed in Supreme Court is maintainable - Application..........
Family arrangement -- Receipt of Rs.3, 000 towards relinquishment of share in family property - Document unregistered - Document of property of more than Rs.100/- requires compulsory registration - Unregistered document cannot be received in evidence and it cannot be looked into for any purpose. (Registration Act, 1908, Ss.17, 49)...........
Civil Procedure Code, 1908, Order 21, Rule 15 -- Joint decree holders - Death of one D.H. - During pendency of execution and after death of deceased D.H. his heirs executed a relinquishment deed in favour of remaining D.H's - Provision of O.21.R.15 CPC is applicable and execution can proceed without bringing on record L.R's of deceased D.H...........
Transfer of Property Act, 1882, Section 106 -- Notice - Rent deed providing that whenever landlord demanded possession of the property then tenant will hand over the vacant possession - Thus there is specific relinquishment of right of the tenant of benefit of S.106 TPA - No notice to quit is required to terminate the tenancy...........
Hindu Law -- Relinquishment of right in joint family property - Property inherited from mother cannot be joint family property as such relinquishing of right in joint family property does not mean relinquishing of property inherited from mother...........
