Agreement to sell -- Specific performance - Co-owners - Execution of agreement by power of attorney holder - Agreement in question did not mention GPA or indicate that defendant No.1 was acting on behalf of his sisters/co-owners - Defendant No.1 signed the agreement solely in his capacity and there was no representation made to plaintiffs that he had the authority to bind..........
Agreement to sell -- Specific performance - Co-owners - Execution of agreement by power of attorney holder - Validity - Defendant No.1/power of attorney holder lacked the authority to bind defendant Nos.6 to 8 in the agreement to sell, as GPA did not confer upon him the power to sell the property on behalf of his sisters at the time of agreement, having been impliedly..........
Agreement to sell -- Specific performance - Bona fide purchasers - Agreement in question was not executed by all the co-owners - Agreement to sell was incomplete and unenforceable against Defendant Nos.6 to 8, who held a majority share in the property - Enforcing such an agreement would be inequitable - All the co-owners of property transferred the suit property in favour..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining Sub-Registrar from accepting documents pertaining to suit properties for registration till disposal of suit - Suit for declaration that Wills, release deed and Partition deeds are null and void - There are number of unanswered questions and suspicious maneuvering, the odds are clearly..........
Agreement to sell -- Agreement for sale consists of a clause whereby possession was handed over to purchaser satisfying the requirement to treat the instrument as conveyance and what remained was only formality of execution of sale deed - Such agreement for sale was the principal document on which stamp duty was to be paid...........
Stamp Act, 1899, Section 2(15) -- Partition deed - Parties on an oral family settlement not only divided their shares but also taken possession of their respective shares by metes and bounds, then at the time of reducing writing the memorandum of settlement they ceased to be co-owners - Memorandum of settlement held, not treated as instrument which requires stamp duty as..........
Provincial Small Cause Courts Act, 1887, Section 15 -- Jurisdiction of Small Cause Courts - Eviction suit - When suit filed by landlord against tenant already stands decreed and opposite party claims to have acquired ownership of property in dispute through a sale-deed executed by its previous owner, adjudication of claim of opposite party becomes incidental to..........
Civil Procedure Code, 1908, Order 21, Rule 97, 98, 99 -- Execution - Third party objections - SSC suit for eviction - When petitioner claimed that property in question had been purchased by her from its previous owner through a registered sale-deed, she had locus standi to claim that she had the right to resist her ejectment through execution proceedings instituted for..........
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 6, Rule 17 -- Amendment of plaint - Amendment sought to change the boundaries of suit property , as boundaries shown in the original sale deed had been set out in the schedule by inadvertent mistake and corrected boundaries as per rectification deed have to be included in the schedule - Defendants were always aware of fact that original..........
