Civil Procedure Code, 1908, Order 39, Rule 7 -- Appointment of Commissioner - Suit for cancellation of sale deed - Issue of possession and appointment of Commissioner to ascertain factum/status of possession is hardly relevant - If a Commissioner is appointed, it would be nothing short of collecting evidence on plaintiff's behalf - Application held, rightly rejected...........
Specific Relief Act, 1963, Section 28 -- Decree for specific performance - Extension of time for depositing balance sale consideration - DH was pursuing litigation in a bona fide manner - As JD refused to accept amount, execution of decree was filed during currency of period of 30 days within which DH was to deposit balance sale consideration - If JDs were ready to accept..........
Indian Contract Act, 1872, Section 4, Hindu Succession Act, 1956, Section 22 -- Indivisible property - Preferential right to acquire property - Communication of offer - Correspondence took place between plaintiff and defendant`s wife offering to sell property to either plaintiff or third brother by finalising consideration - First letter written by defendant`s wife..........
Civil Procedure Code, 1908, Section 151, 9, Order 7, Rule 11(d) -- Rejection of plaint - Jurisdiction of civil Court - Suit for cancellation of sale deed - Wife executed power of attorney in favour of her husband out of principal and agent relationship and not on the basis of marital relationship - S.7 of Family Courts Act does not apply to case - Civil Court thus, have..........
Transfer of Property Act, 1882, Section 52, 53 -- Fraudulent transfer - Mere filing of successive injunction suits by tenant against erstwhile owner which suits admittedly stand dismissed as withdrawn does not attract provisions of S.52 for same reasons sale of property in favour of trust cannot by any stretch of imagination be treated as a fraudulent transfer u/s.53 of..........
Agreement to sell -- Nature of agreement - Loan transaction or agreement to sell - Not even a remote suggestion in the document that there was any loan or borrowing transaction between the parties and document was executed towards security - Recitals and stipulations in the agreement in affirmation of agreement for sale and receipt of part payment from time to time - It..........
Agreement to sell -- Nature of agreement - Loan transaction or agreement to sell - Sale consideration in odd figures - It initself is of such oddity that any finding on that basis could only meet with disapproval...........
Agreement to sell -- Specific performance - Readiness and willingness - Admission of plaintiff no.2 that she was not possessed of sufficient funds cannot be read in isolation and it cannot be concluded that she was not possessed of sufficient means to pay balance sale consideration, as her husband had expired and she had succeeded to his estate - At the given moment..........
Transfer of Property Act, 1882, Section 52 -- Sale pendente lite during pendency of suit for specific performance - Sale is hit by S.52 of the Act - Such sale transactions in favour of subsequent purchasers shall have no adverse effect on rights of plaintiffs and shall remain subject to final outcome of suit in question...........
Agreement to sell -- Specific performance - Compensation in lieu of specific performance - Agreement in question executed way back in 1965-66 - Plaintiffs had paid an amount of Rs.6,000 in 1966 against sale consideration of Rs.22,951 when supplementary agreement was executed - Subsequent purchasers were in possession of land in question for about 40 years - Plaintiffs..........
