Agreement to sell -- Specific performance - Agreement to sell qua land comprised in Khasra No.454 - Decree passed qua Khasra No.457 - Specific performance of contract was not claimed of land of Khasra No.457 - Judgment and decree set aside - Matter remitted for decison afresh...........
Indian Contract Act, 1872, Section 65 -- Restitution - Possession delivered to proposed vendee under agreement to sell - Defendant claims that plaintiff lost his title over the suit land and contract stands frustrated - Defendant being beneficiary under the void contract needs to restore back the advantage that he received under the void agreement as per the mandate of..........
Agreement to sell -- Specific performance - Agreement in question recites that defendant had received earnest money to the tune of Rs.16,00,000 out of total sale consideration of Rs.18,87,000 - Therefore, it does not stand to reason that plaintiff being a Police Constable would part with a huge sum of Rs.16,00,000 towards a transaction to purchase land and thereafter,..........
Election -- Removal from the post of Sarpanch - Disqualification on the ground of encroachment on government land - No credible and convincing material on record to substantiate the allegations of encroachment of government land by appellant before or post her election as Sarpanch - Even, no objection raised regarding such encroachment at the time of filing nomination..........
Stamp Act, 1899, Section 47A -- Deficient stamp duty - Purchase agricultural land - No construction exists on the plot of land purchased by petitioner, however, no agricultural activity was found to be carried out on the plot - Authorities committed no error in treating the land purchased by petitioner to be residential...........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Restraining defendant from raising any type of construction over suit property or from changing the nature of suit land and transferring the same - Defendants reflected as sahayak as per Jamabandi relied upon by plaintiff - No evidence led to contrary by defendant though they claimed themselves to be occupancy..........
Transfer of Property Act, 1882, Section 52 -- Transfer pendente lite - S.52 of the Act does not bar complete transfer of land during pendency of the suit...........
Partition suit -- Permission to sell portion of land of particular share - Court can permit petitioner to sell portion of his share for meeting his urgent expenses of treatment of his daughter during pendency of suit if petitioner as well as respondents are having equal share which is not objected by any of the parties - Such alienation would not be hit by S.52 of T.P..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 5 -- Maintenance to mother - Liability of children - Question of payment of maintenance to parents is not dependent upon the fact that how much property has been given to children - It is the duty of children to maintain their parents - If petitioner/son is aggrieved by unequal distribution of land,..........
Specific Relief Act, 1963, Section 39 -- Mandatory injunction - Directing defendants to hand over the possession of land - Defendants utilized the land for construction of road way back in the year 1980 - Witnesses of defendants admitted that no consent was procured from plaintiffs before construction of road in their presence - Defendant/State is bound to pay the..........
