Limitation Act, 1963, Article 58, 59 -- Limitation - Suit for declaration that mortgage deed and sale deed are null and void - Cause of action of suit arose in 1970 when plaintiff got knowledge of sale deed - Suit must have been filed within 3 years of date of knowledge or date of sale deed - Suit filed in 1978 is barred by limitation...........
Civil Procedure Code, 1908, Order 21, Rule 58 -- Attachment - Objections - When an application is filed under O.21.R.58 CPC claiming any right or arising any objection to attachment of property, Court shall have to proceed to adjudicate upon such claim...........
Civil Procedure Code, 1908, Order 21, Rule 58 -- Attachment - Objections - If claim petitioner is not a pendente lite purchaser, executing Court should give an opportunity to both parties to adduce oral and documentary evidence - However, parties cannot be allowed to go on a roving enquiry to establish their rights...........
Civil Procedure Code, 1908, Order 12, Rule 6, Evidence Act, 1872, Section 58 -- Facts admitted need not to be proved - Suit for partition - Defendant No.1 admitted the claim of the plaintiff, however, case remained pending for consideration - Court granted time to parties to enter into compromise but no settlement could be arrived - Thus, plaintiff filed an application to..........
Transfer of Property Act, 1882, Section 58(c) -- Mortgage by conditional sale or sale deed with condition for reconveyance - To determine nature of document, recitals in the document and intention of parties are relevant...........
Transfer of Property Act, 1882, Section 58(c) -- Mortgage by conditional sale or sale deed with condition for repurchase - Recitals in document that transfer of interest with vesting of absolute rights is clear indication that document is only a sale with condition for repurchase...........
Transfer of Property Act, 1882, Section 58(c), Evidence Act, 1872, Section 92 -- Mortgage by conditional sale or sale deed with condition for repurchase - Document not containing any recital as to enjoyment of property in lieu of interest payable on the amount - Any oral evidence adduced in this regard cannot be looked into in view of prohibition u/s 92 of Evidence Act...........
Transfer of Property Act, 1882, Section 58(c) -- Sale with condition for repurchase - Admittedly, possession was handed over to defendants vesting on them absolute right to enjoy property - Neither document show that amount was taken as debt or loan nor it shows that income from land was to be appropriated towards interest by defendants - Order that sale with condition to..........
Transfer of Property Act, 1882, Section 58(c), 54 -- Mortgage by conditional sale or sale with condition to repurchase - Plaintiff mortgaged suit property by executing conditional sale - Condition to repurchase embodied in said document - Defendant agreed to transfer back suit within five years from date of deed - Patta was not transferred to defendant after execution of..........
Transfer of Property Act, 1882, Section 58(c), 54 -- Mortgage by conditional sale or sale - Plaintiffs not whispered anything about loan transaction or mortgage of property - Parents of plaintiffs executed sale deed in 1978 and plaintiffs filed a suit in the year 2006 and they did not enforce any condition upon which plaintiffs strongly rely for atleast 14 years during..........
