Civil Procedure Code, 1908, Order 7, Rule 10 -- Return of plaint - Lack of pecuniary jurisdiction - Suit for cancellation of sale deed - Court below not conducted any inquiry as required and mandated u/s 7 of Karnataka Court Fee Act - Defendant on whom onus rests to demonstrate that Court has no pecuniary jurisdiction or Court fee paid is insufficient, has failed to place..........
Registration Act, 1908, Section 17(1)(b), (c), Evidence Act, 1872, Section 92 -- Proviso(4) - Oral agreement - Effect of non-registration - Where the sale deed does not contain any recital to the effect that there were any terms and conditions attached to such sale and where possession had also been given - Any oral agreement laying down conditions in contrary, cannot be..........
Indian Contract Act, 1872, Section 23, 24 -- Void agreements - Lawful or unlawful considerations - Where the agreement has been executed for payment of consideration which is not mentioned in registered sale deed - Such an agreement is to avoid stamp duty, is executed for unlawful consideration - Therefore, it is void agreement...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit filed by plaintiffs for challenging sale deed executed by defendants in favour of defendant no.6 - Property in question inherited by parties equally - Defendants sold half share out of suit property - Plaintiffs have no prima facie case or balance of convenience in their favour for grant of..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit for cancellation of sale deed - Sale of ancestral property - Question of nature of property as to whether ancestral property or self acquired property can only be decided after parties lead evidence - Temporary injunction rightly declined...........
Benami Transactions (Prohibition) Act, 1988, Section 3(2) -- Benami transaction - Property purchased in the name of minor daughter by plaintiff - Defendant/daughter admitted that she was minor at the relevant time - She failed to prove that she had raised any loan for purpose of raising construction on suit property - Plaintiffs are real owners in possession of suit..........
Limitation Act, 1963, Article 60 -- Limitation - Sale of property of minor by his grandfather - Suit to challenge alienation filed by minor long after 3 years of attaining majority - Suit is barred by limitation - Suit rightly dismissed...........
Hindu Minority and Guardianship Act, 1956, Section 6, 11 -- Property of minor - Alienation by brother of minor without permission of Court - Brother who transferred the property is not a natural guardian - Question therefore, whether such sale was made under duress or for legal necessity of minor cannot be considered...........
Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - Defendant filed suit for partition against plaintiff and plaintiff filed a suit for cancellation of sale deed and to declare it null and void and for permanent injunction - Parties to suit are also different and nature of case is also different - Application filed by defendant for staying suit filed by..........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Two sale deeds of ancestral property executed by one `T' on different dates - Both the sale deeds challenged in two suits - At the time when first suit was filed second alienation could be challenged - Cause of action stemmed from one single cause of action and not two different causes of action - Mere fact that a different..........
