Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Converting suit for mandatory injunction to suit for specific performance - Suit for mandatory injunction with a direction to execute an agreement to sell in pursuance of payment of advance sale consideration - Denied in written statement - Cause of action to file suit for specific performance arose only..........
Civil Procedure Code, 1908, Order 20, Rule 18 -- Suit for partition - Plaintiff claimed that property transferred by mortgage deed - However, plaintiff failed to establish that said mortgage has ever been redeemed or even prayed for - Held, plaintiff not entitled to relief for partition...........
Contract Act, 1872, Section 16 -- Undue influence - Exchange deed - Brother and sister executing a deed of exchange wherein sister exchanged her bigger house with smaller house of brother - Held, exchange deed was executed under undue influence as sister was unmarried and was dependent on her father and brother for settling her marriage and for sustenance and there was no..........
Agreement to sell -- Suit for specific performance - Ready and willing - Entire consideration paid - Still the plaintiff being the proposed purchaser is bound to purchase stamp papers and prepare necessary preliminaries for the purpose of getting the sale deed executed and registered - To that effect there should be averments in the plaint - No semblance of averments to..........
Agreement to sell -- Specific performance - Ready and willing - Sworn affidavit of both parties of presence in the office of Sub Registrar - However, defendant has not come out with a consistent version with that of his affidavit - Suit filed within 19 days from the last date fixed for execution of sale deed - Decree of specific performance, upheld...........
Registration Act, 1908, Section 17, Transfer of Property Act, 1882, Section 122, 123 -- Unregistered gift deed - Not admissible in evidence to affect property in dispute but for collateral purposes the document may be admissible in evidence - Facts stated in gift deed admitting disputed property owned and belonging to executant would be a fact for which such document..........
Hindu Adoptions and Maintenance Act, 1956, Section 16 -- Registered adoption deed - Adoptive mother 70 years of age and adopted child aged 8 years - There is presumption u/s 16 of the Act that adoption is made in compliance with the provisions of the Act until and unless such presumption is disproved...........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 15(6) -- Ejectment - Challenge to - Demised property required by landlord Company for its own use, occupation and expansion of business - Bona fide of landlord Company disputed by tenant by producing sale deed showing purchase of a new property - Said sale deed not in favour of landlord Company - Held, order..........
Transfer of Property Act, 1882, Section 53A -- Part performance - Agreement to sell - Person in whose favour agreement to sell is executed is entitled to protect his possession even if sale deed is not executed in his favour, in case he establishes that he is continued to be in possession of the property as part performance of the agreement for sale - S.53-A of the Act can..........
Co-owner -- Invasion on the right of co-sharer by other co-sharer - Co-owner is not entitled to injunction who sold a specific portion of the land by giving Khasra numbers, measurement of the boundaries and boundaries in the registered sale deed by asserting that there was no partition and that defendants have no right to cut the trees, which were planted on their share..........
