Stamp Act, 1899, Section 47A -- Deficient stamp duty - Consent deed - Petitioner purchased property and entire revenue records were mutated in favour of petitioner - Original owner interfered with possession of petitioner by contending that father of petitioner had no valid title over the property - However, matter was settled in meditation by paying Rs.11 lakhs to..........
Civil Procedure Code, 1908, Section 151, Order 26, Rule 9, 10 -- Appointment of pleader commissioner - To certify the age and size of house - Suit for recovery of possession and eviction filed on the basis of sale deed - Both the parties thus, are knowing the area of suit property - Inspite of that application for appointment of commissioner was filed - Application rightly..........
Civil Procedure Code, 1908, Section 11, Order 7, Rule 11 -- Rejection of plaint - Deficient Court fee - Suit for declaration that sale deed is null and void - Plaintiff neither is executant of sale deed nor has sought possession - Being a non-executant, plaintiff can avoid sale deed and thus, is not required to affix ad valoram Court fee on the value of property - Plaint..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Deficient Court fee - Plaintiff has not sought decree of possession but has only sought decree of injunction and claims to be in possession of property which is subject matter of sale deed - Power of attorney on the strength of which sale deed sought to be avoided by plaintiff was executed is also..........
Transfer of Property Act, 1882, Section 54 -- Sale deed - Once vendor claimed that property in question was lying vacant for last 14 years there was no question of delivery of physical possession to plaintiff/vendee - Thus, mere registration of sale deed could not be relied upon to show that possession had passed to plaintiff...........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Plaintiff filed the suit on the basis of sale deed - However, he failed to prove that his vendor had a good title in the property - Plaintiff having led no cogent and convincing evidence to prove his possession on the property in dispute, his suit for permanent injunction rightly dismissed...........
Registration Act, 1908, Section 49 -- Proviso - Un-registered sale deed - Suit for permanent injunction - Suit is only filed for permanent injunction and not for declaration of title over property - Un-registered sale deed thus, can be received as evidence for collateral purpose to prove the possession of property subject to proof and relevancy...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for cancellation of sale deed - Concurrent findings of fact have been recorded by two Courts below on the basis of pleadings, evidence and material on record that defendant no.1 was the owner and in possession of suit property - Defendant no.1 had executed registered sale deed of suit property in favour of..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendants from alienating or encumbering suit property - Plaintiffs were neither in possession of land nor produced any document to establish that they had ever exercised their rights of ownership over suit property - Even otherwise, since the plaintiffs are attempting to..........
Possession -- Title derived from `S' by virtue of sale deed - Once `S' was not found in possession of suit property he could not deliver possession of suit land to his vendees...........
