Transfer of Property Act, 1882, Section 54 -- Sale - Whatever interest a person is possessed of in any tangible property, he can transfer only that interest to the other person and no other interest, which he himself does not possess in the tangible property...........
Transfer of Property Act, 1882, Section 54 -- Sale - Seller on the date of sale not having any subsisting right, title or interest - Buyer of such property would not get any right, title and interest in the property purchased by him for consideration or otherwise - Such transfer would be an illegal and void transfer...........
Partition suit -- Agreement to sell in favour of intending purchasers - Appellants being intending purchasers claiming interest in suit land from original holders of suit land - However, original holders have no subsisting right, title and interest in suit land, as whatever rights, title and interest they had, same were transferred to auction purchasers through Court..........
Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 34, 17 -- Jurisdiction of civil Court - Civil suit for partition - Not maintainable when proceedings under SARFAESI Act had been initiated - Remedy against initiating proceedings under SARFAESI Act lies u/s 17 which provides for an efficacious and adequate remedy..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Plaintiffs failed to place on record revenue record depicting their possession over suit property - Defendants on other hand purchased tenancy rights vide sale deed and possession of property handed over to them - No prima facie case or balance of inconvenience in favour of plaintiffs for issuance of..........
Civil Procedure Code, 1908, Section 151 -- Restoration application - Stamp proceedings - Proceedings heard in absence of petitioner - Petitioner had not put in appearance and only by presuming service of notice Additional Collector proceeded with the matter - Even recall application filed by petitioner dismissed without giving any finding regarding notice specially when..........
Civil Procedure Code, 1908, Order 13, Rule 4 -- Admissibility of documents - Suit for declaration, confirmation of possession and for permanent prohibitory injunction - Defendants not even raise a little finger when sale deeds in favour of plaintiffs and prior owners being exhibited - No objection was raised by defendants while certified copies of sale deeds were being..........
Prevention of Food Adulteration Act, 1954, Section 7 -- Storage of adulterated food - Adulterated food stored for sale or when such food is stored for making some other food which is sold, such storage is an offence...........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Possession of predecessor-i, interest of plaintiff is proved from previous judgment passed in their favour - Predecessor-i, interest of plaintiff thereafter sold the property to plaintiff vide registered sale deed - It is specifically recorded in sale deed that possession has been delivered to plaintiff - Sale..........
Agreement to sell -- Specific performance - Ready and willing - Refusal of notice issued by plaintiff asking defendants to receive the balance sale consideration and execute registered sale deed clearly indicates readiness and willingness of plaintiff - This is further supported by deposit of balance sale consideration in Court at the time of filing suit - Decretal of suit..........
