Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Barred by law - Suit for cancellation of sale deed and permanent injunction - Plaintiffs got knowledge of sale deed at least in the year 2007 and suit was filed in 2011 - Suit filed after three years from date of plaintiffs got knowledge of sale deed is thus, barred by limitation - Plaint rejected...........
Civil Procedure Code, 1908, Section 9, Order 7, Rule 11(d) -- Rejection of plaint - Jurisdiction of Civil Court - Suit for cancellation of sale deeds and permanent injunction - Plaintiff alleges that power of attorney which formed the basis for execution of sale deed is a fraudulent document and forged and fabricated - Said transaction would only be voidable and cannot be..........
Limitation Act, 1963, Article 59 -- Limitation - Suit for cancellation of sale deed - Starting point of limitation for instituting suit for cancellation of transfer deed would commence from date of knowledge of registration of document and not from date of execution of same...........
Transfer of Property Act, 1882, Section 54, Registration Act, 1908, Section 17, 49 -- Cancellation of unregistered sale deed - Suit filed for cancellation of unregistered sale deed, whereby no title passed to defendants as per S.54 of T.P. Act, would not be maintainable, as prior to registration of document plaintiff is legally disentitled to challenge sale deed before..........
Civil Procedure Code, 1908, Order 15, Rule 5(As -- Striking off defence - Default in payment of rent - Plaintiffs are husband and wife who jointly purchased disputed shop and inducted defendants as tenant - Arrears of rent not paid by defendants, as they claimed that plaintiff no.2 sold half of suit property to defendant no.2 - Sale deed regarding purchase of half share of..........
Court Fees Act, 1870, Section 7(iv)(c) -- Ad valorem Court fee - Suit for cancellation of sale deed and declaration - Plaintiffs were executants of sale deed and were party to said sale deed - They are thus, bound to pay ad valorem Court fee u/s 7(iv)(c) of the Act...........
Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - Earlier suit was filed by plaintiff for cancellation of sale deed executed by defendant in favour of respondents - Subsequent suit filed by defendant for cancellation of said sale deed on the ground that fraud is played upon him - Matter in issue in earlier suit is not directly and substantially in issue..........
Civil Procedure Code, 1908, Order 22, Rule 4 -- Death of defendant Nos.2 to 4 - Substitution of LRs - Suit for cancellation of sale deed - Deceased defendants executed registered sale deed in favour of defendant No.1 - Since all rights and interest in suit property transferred in favour of defendant No.1, Courts below rightly held, that there was no need to substitute LRs..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for cancellation of sale deed - Amendment sought to incorporate relief of declaration of ownership/title - Trial has not yet commenced and suit is coming for adduction of evidence - Merely on the ground of delay or limitation amendment of plaint cannot be rejected - Moreover, to avoid multiplicity..........
Court Fees Act, 1870, Section 7(iv)(c) -- Ad valorem Court fee - Non executant of sale deed - Has to file a suit for declaration claiming that such sale deed would not effect its rights - A non executant is not required to seek cancellation of sale deed - Ad valorem Court fee is not payable by plaintiff...........
