Registration Act, 1908, Section 17, Transfer of Property Act, 1882, Section 54 -- Registered sale deed - Presumed to be in knowledge of everyone...........
Transfer of Property Act, 1882, Section 54 -- Sale deed - Plea of bona fide purchasers - Suit for joint possession and that sale deed in question is null and void - Suit property sold by defendants nos. 1 & 2 in favour of defendants nos. 4 & 5 who in turn sold the property to subsequent purchasers who are claiming themselves to be bona fide purchasers - Plaintiff filed..........
Limitation Act, 1963, Article 59 -- Limitation - Suit for joint possession and that sale deed in question is null and void - Suit filed after a period of more than three years from the date of knowledge of sale deed, is time barred - Suit dismissed being barred by limitation. ( Para 8)..........
Agreement to sell -- Specific performance - Relief of specific performance cannot be denied to plaintiff merely on the ground that suit is filed after a period of one year from date of sale deed executed in favour of subsequent purchaser by defendant, particularly when suit is filed within limitation prescribed. (Specific Relief Act, 1963, S.20)...........
Agreement to sell -- Specific performance - Agreement to sell whether a security document and not in fact agreement to sell - Agreement to sell in writing - Execution of agreement proved on record - Out of total consideration of Rs.3.70 Lakhs Rs.1 lakh paid as earnest money - Stamp paper for execution of sale deed purchased for the purpose of execution of agreement to sell..........
Civil Procedure Code, 1908, Order 1, Rule 8 -- Representative suit - Suit for declaration that suit properties belongs to Madarsa - Plaintiff pleaded that suit properties were purchased through registered sale deed by plaintiffs - However, it does not reflect from sale deeds that lands comprised therein were purchased for Madarsa - Name of office bearers of Madarsa not..........
Agreement to sell -- Specific performance - Prayer for possession although under agreement to sell, possession was delivered - Prayer of plaintiff not contradictory when it is recorded that possessory title shall be delivered at the time of execution of sale deed - Moreover it is also mentioned in plaint that possession of property was given to him at the time of agreement..........
Hindu Succession Act, 1956, Section 14(1) -- Widow - Property inherited by Hindu widow from her husband prior to coming into operation Act of 1956 - Daughter not succeeded to the interest of their father as he died prior to coming into operation of 1956 Act - Widow thus, became owner of suit properties - Limited interest of widow blossomed with full interest u/s 14(1) of..........
Land Acquisition Act, 1894, Section 23 -- Acquisition of land - Determination of compensation - Sale deed post notification cannot be taken into consideration for determining compensation of acquired Land...........
Hindu Marriage Act, 1955, Section 13 -- Divorce - Cruelty - Deed of settlement marked as mark `A' for the reason it being a photocopy - Trial Court holding that unless wife joined in filing an application u/s 13-B of the Act, document could not be considered - Husband able to prove cruelty in the form of denial of sex by wife - Divorce granted on ground of cruelty...........
