Transfer of Property Act, 1882, Section 55(6)(b) -- Right of buyer - Charge on seller's interest - Defendant No.3 executed agreement to sell in favour of plaintiff on the basis of prior agreement to sell executed in his favour by defendant Nos.1 and 2 - Defendant No.3 has only agreed to assign plaintiff the rights that he may obtain as per prior agreement in his favour for..........
Registration Act, 1908, Section 89(4) -- Registration - Copy of sale certificate - Sale certificate issued by authorised officer is not compulsorily registrable - U/S 89(4) of Registration Act registering authority is only required to file a copy of sale certificate as and when it is forwarded to him by authorised officer - Such filing of copy of sale certificate is merely..........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration and permanent injunction - Plaintiff failed to produce any documentary evidence showing his ownership over suit property nor produced any document to prove his possession over suit property - Suit rightly dismissed...........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 20, 21 -- Obstruction caused by neighbour in construction of a gate on the petitioner's property - Dispute does not come within the purview of the Act...........
Transfer of Property Act, 1882, Section 106, General Clauses Act, 1897, Section 27 -- Eviction notice - Notice sent to respondent by Registered Post in compliance with S.106 of Transfer of Property Act - High Court committed error by setting aside eviction decree holding that since endorsement on notice read "ND", notice was not delivered and therefore, any and all..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Waqf property - Enhancement of rentals by authorities challenged - Matter which is sought to be adjudicated is cognizable by Tribunal constituted u/s 83 of Wakf Act - Civil Court jurisdiction is barred - However, Tribunal not constituted under Wakf Act - Bar of civil Court jurisdiction does not come into..........
Specific Relief Act, 1963, Section 38, 34 -- Suit for injunction simplicitor - Maintainability - Defendants specifically denied the title of plaintiff and her possession over suit property - When matter involves complicated questions of fact and law relating to title, Court will relegate parties to remedy by way of comprehensive suit for declaration of title instead of..........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration and injunction - Defendant contended that suit property was allotted to his father in partition, but he has not produced any document to show that suit property was ancestral property - Plaintiffs on the other hand proved their right and title based on Assignment Order in respect of suit property - They have..........
Protection of Women From Domestic Violence Act, 2005, Section 2(s) -- Shared Household" - The provisions ensure that the victims are provided financially as well as protection from being ousted from their "Shared Household" where the victim is residing, victim can even seek alternate accommodation, or direction to pay rent of the alternate accommodation - The victims right..........
Specific Relief Act, 1963, Section 6 -- Suit filed u/s 6 of the Act - Plaintiff was in possession of property before purchase of property by both defendants - She was dispossessed without any process of law - Therefore, when plaintiff who was in settled possession of property was dispossessed by defendants without any process of law, plaintiff is certainly entitled to..........
