Transfer of Property Act, 1882, Section 53A -- Benefit of S.53-A of the Act - Agreement to sell - A purchaser of immovable property who has been put into possession of property pursuant to agreement for sale is entitled to seek protection in respect of his possession in that capacity only if the agreement is sufficiently stamped and registered...........
Transfer of Property Act, 1882, Section 54 -- Sale deed - Property purchased jointly by three persons - Shares not prescribed - It is deemed that all the three purchasers are equal owners to the property purchased...........
Agreement to sell -- Specific performance - Readiness and willingness - Plaintiff already paid substantial amount of Rs.1,40,000 out of sale consideration of Rs.1,80,000 - Balance amount has to be paid at the time of registration as per agreement - Under Telegraphic notice plaintiffs made clear that they were ready and willing to pay balance sale consideration - More so,..........
Major Port Trust Act, 1963, Section 42, 59 -- Demurrage charges - Claim for remission - Appellant, third party to sale claiming remission before point of time - Appellant to take delivery of goods - Delay attributable to original consignee due to which goods stored at port - Appellant, aware of fact that port would charge demurrage - Not entitled to claim remission for..........
Major Port Trust Act, 1963, Section 42, 59 -- Demurrage charges - Claim for remission - Appellant, third party to sale claiming remission for period after right of appellant to take delivery came into existence - Delay attributable to authorities taking time in procedure - Therefore, part remission to be granted...........
Punjab Village Common Lands (Regulation) Rules, 1964, Section 5 -- Village land - Exchange of land by Panchayat - Appellants challenging the action of Panchayat on the ground that land which belongs to Panchayat and was given to appellants was of not equal value - However, no material or documents were placed by appellants that exchanged land is of not in equal value -..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for cancellation of sale deed - Sale deed in question was registered document - Plaintiff filed the suit on the basis that her mother was not well and sale deed was got executed by playing fraud by defendant - Defendant was none other than real sister of mother of plaintiff - Prior to execution of sale deed..........
Civil Procedure Code, 1908, Section 151 -- Stay of execution proceedings during pendency of application U.O.9.R.13 CPC - Suit for possession by way of specific performance - Executing Court already ordered and got executed sale deed in favour of DH - It was thus too late in the day for JD to move the application u/s 151 CPC for staying the execution proceedings -..........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Suit for declaration and permanent injunction - Defendant made admission that plaintiff purchased the suit land under a sale deed - However, legality and correctness of said sale deed is challenged by defendant - There is no clear and u, equivocal admission as regards ownership of suit land - No..........
Civil Procedure Code, 1908, Order 21, Rule 90, 64 -- Auction sale - Setting aside - Property worth Rs.1 crore sold in auction sale at partly sum of Rs.5,50,000 - Sufficient ground to set aside sale...........
