Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Cause of action - Partition suit - Suit land was inam re-granted to defendant no.1 - He was granted ownership and thus, he was absolute owner and entitled to dispose of property - When father and grandfather of plaintiff never objected to sale deed or asserted any right in respect of property,..........
Agreement to sell -- Specific performance - Plaintiff contended that defendant was required to get mutation sanctioned in respect of suit property in revenue record and only thereafter sale deed was to be executed - However, once defendant had handed over original sale deed of suit property to show his title, this is lame excuse on part of plaintiff to say that mutation..........
Agreement to sell -- Specific performance - Ready and willing - Plaintiff though pleaded that he appeared in office of Sub-Registrar on target date fixed in agreement and then served a legal notice - However, except for oral statement of plaintiff in this regard, there was no other evidence to prove this assertion - More so, no evidence was produced by plaintiff to show..........
Civil Procedure Code, 1908, Order 8, Rule 1A(3) -- Production of documents - Un-registered sale deed - When a document is inadmissible in evidence for want of registration, none of its terms can be admitted in evidence - Trial Court rightly refused to admit the document - Application rightly dismissed...........
Registration Act, 1908, Section 17, Stamp Act, 1899, Section 35 -- Unregistered document - If the document is required to be registered, an unregistered sale deed cannot be impounded with stamp duty and it cannot be received in evidence that unregistered sale deed cannot be relied upon for sale purpose...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Jurisdiction of civil Court - Suit for cancellation of sale deed, declaration of ownership, permanent injunction and mesne profits - Said reliefs cannot be within the domain of a Rent Tribunal - Issues involved could be decided only by a Civil Court - Application rightly rejected...........
Specific Relief Act, 1963, Section 34 -- Suit for declaration of ownership - Plaintiff purchased suit property as per registered sale deed - Relief sought by plaintiff was only to extent of half share in suit property - Suit for partition filed by defendant against vendor of plaintiff decreed and defendant is entitled for 1/2 share in suit property - Said judgment is..........
Transfer of Property Act, 1882, Section 54 -- Sale deed - Challenge as to - When a non-executant challenges deed, he has to plead and prove his title...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for declaration that sale in question is null and void - Agricultural property - Plaint does not disclose a real cause of action rather something purely illusionary has been cleverly drafted in plaint making out a case for suit - Suit appears manifestly vexatious and does not disclose a right to sue..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred u/s 207 of Rajasthan Tenancy Act - Suit for declaration that sale in question is null and void - Agricultural property - Plaintiff company claims not to be a party to sale transaction, therefore, for setting aside sale deed, third party to sale-deed i.e. plaintiff must have title to property which..........
