Punjab Land Revenue Act, 1887, Section 34, 35, 36, 37, 38 -- Suit for declaration and for grant of permanent injunction - Plaintiff claiming to be bona-fide purchaser and in possession of suit land - Vendor owner to the extent of 1/12th share in total land - By mistake recorded as owner of 1/2 share - Mistake corrected - Plaintiff/vendee purchased share of vendor after the..........
Transfer of Property Act, 1882, Section 41 -- Bonafide purchasers for value & consideration - Sale deed executed on the basis of power of attorney - Executant of power of attorney died long before the date of execution of alleged attorney and sale deed - Power of attorney and sale deed forged & fabricated - Vendor had no right, title and interest in suit land - Plea of..........
Civil Procedure Code, 1908, Order 23,, Rule 3 -- Compromise affected during appeal - Judgment and decree on the basis of compromise declaring sale deed and mutation as cancelled - Vendor and vendee of the sale not party to the compromise - Sale deed set aside without giving any notice to vendee - Rights of vendee cannot be affected without giving any opportunity to show..........
Specific Relief Act, 1963, Section 15, Contract Act, 1872, Section 63, Limitation Act, 1963, Article 54 -- Agreement to sell - Sale deed to be executed after clearance of title of vendor - Dispute as to titled resolved - Vendor failed to get sale deed executed within stipulated period despite repeated asking of vendee - Assurance by vendor to honour agreement -..........
Transfer of Property Act, 1882, Section 41 -- Agreement to sell - Suit land in possession of proposed vendee as lessee - Vendor sold land to other person - Suit for specific performance by 1st vendee - Plea of bonafide purchaser for consideration - Agreement and consideration duly proved by plaintiff - Lease registered & incorporated in revenue records - Subsequent..........
Limitation Act, 1963, Article 54 -- Suit for specific performance - Limitation - Starting point - When no date fixed for performance - Starting point of limitation is when plaintiff has notice that performance is refused - In the instant case vendee received notice from subsequent vendees in July, 1978 and suit for specific performance was filed in January, 1979 - Held,..........
Specific Relief Act, 1963, Section 15, 39, Limitation Act, 1963, Article 54 -- Limitation to file suit for specific performance - Agreement to sell executed in 1975 - No time fixed for registration of sale deed - Vendor sold property to third person - Notice by subsequent purchaser in 1978 - Suit for specific performance filed in January 1979 - No issue framed regarding..........
Hindu Law -- Joint Hindu Family Property - Alienation by Karta - Legal Necessity -Duties of Alienee/Purchaser -Vendee/Alienee is not required to show that every bit of sale consideration advanced by him to Karta, is actually spent for meeting family necessity - Alienee/Vendee proving legal necessity regarding major portion of sale consideration - Sale by Karta cannot be..........
Punjab Pre-emption Act, 1913, Section 22(iv) -- Co-sharer - Preferential right to pre-empt - Failure to deposit pre-emption amount - Plea when available - Suit decreed by Courts below - Stipulation in the decree that on failure to pay pre-emption amount suit shall stand dismissed - Second Appeal by vendee - Contention that suit should be deemed to have been dismissed on..........
Civil Procedure Code, 1908, Order 2, Rule 2, Civil Procedure Code, 1908, Section , Order 47, Rule 1 -- Agreement to sell - Possession delivered - Vendor threatened to interfere in possession - Suit by Vendee for confirmation of possession & permanent injunction - Vendee reserving right to file suit for getting sale deed executed - Subsequent suit for specific performance -..........
