Specific Relief Act, 1963, Section 13 -- Extension of date for execution sale deed - Readiness and willingness - Suit for recovery of earnest money - In the instant case, defendant relied upon some affidavits allegedly given by original owners regarding presence before Sub-Registrar on extended date for execution of sale-deed - However, neither these affidavits is proved..........
Specific Relief Act, 1963, Section 13 -- Readiness and willingness - Suit for recovery of earnest money - Allegedly, original owners were also not exclusive owners of specific khasra numbers which defendant agreed to sell - Even, they were also recorded to be owner of only share in joint holding with their co-sharers - Therefore, without getting partition of property any..........
Partition -- Limitation - Once parties are co-owners, it always depends upon plaintiff as to when he files suit seeking partition - No limitation is prescribed for seeking partition...........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration and permanent injunction - Proof of title - In the instant case, dispute is with regard to open land which plaintiffs claims to be owners in possession - Admittedly, plaintiffs have no documents of ownership of land as land falls within Lal Dora of village - Even, no independent witness produced by..........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Amendment of plaint - Partition suit - Amendment sought to add certain properties and necessary parties to suit - Suit for partition is not tenable unless all co-owners are joined as parties - Co-owners are necessary parties to suit and suit should not be dismissed for no,..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Defendants are registered owners of suit land and in possession of the same - Neither prima facie case found in favour of plaintiff nor balance of convenience or any irreparable injury - Interim injunction rightly refused by trial Court - Appellate Court while affirming said findings of trial Court..........
Land Acquisition Act, 1894, Section 23 -- Acquisition of land - Compensation - Reference Court while determining the compensation relied upon award of village in question, where acquisition had been made, which could not have been ignored - Award relied upon by Reference Court was a proper exemplar - Though High Court modified the award of Reference Court and reduced the..........
Land Acquisition Act, 1894, Section 23 -- Acquisition of land - Determination of compensation - Market rates - Belting system is applied for determining fair market value of acquired land when different parcels of lands with different survey numbers belonging to different owners and having different locations are acquired which put together comprises of a large chunk of..........
Kerala Stamp Act, 1959, Article 42(1) -- Quantification of stamp duty - Partition deeds - Where there are more than two co-owners, each of such co-owner should be related to at least one other and in case there are only two co-owners, they should relate to each other in enumerated categories of relationship prescribed in explanation to Art.42 at time of execution of..........
Agreement to sell -- Specific performance - Refund of advance amount - Defendants having no right, title or interest over suit property on the date of agreement - Even after expiry of date of agreement, only one defendant acquired right over suit property along with their co-owners - Plaintiff thus, cannot be blamed for no, performing his part of contract - Condition of..........
