Transfer of Property Act, 1882, Section 53A -- Part performance - To fall under umbrella of S.53-A of the Act, plaintiff must show not only his readiness and willingness to pay balance sale consideration, but also readiness and willingness to perform his part of contract which includes enforcement of contract for getting sale deed executed in his favour by resorting to..........
Co-owner -- Has a right to possession and enjoyment of each and every part of the property equal to that of other co-owners...........
Co-owner -- Has interest in every infinitesimal portion of subject-matter - Each co-owner has a right irrespective of quantity of its interest to be in possession of every part and parcel of property jointly with others...........
Co-owner -- Owns every part of composite property along with others and he cannot be held to be a fractional owner of the property unless partition takes place...........
Co-owner -- Where a co-owner is in exclusive possession of some items of co-owned property, in certain circumstances, and the need to protect his possession by grant of appropriate relief if need be...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Injunction - Co-owners - Absence of any valid explanation as to how respondents no.34 to 37 came into exclusive possession of 2 items of property - Therefore, applicants could not have forcibly dispossessed by respondents by taking the law into their hands - Injunction granted...........
Civil Procedure Code, 1908, Order 7, Rule 11, Court Fees Act, 1870, Section 7(iv)(c) -- Rejection of plaint - Annulment of sale deed - Plaintiff non executant of sale deed in question and not in possession - Plaintiff is required to affix ad valorem court fee as per value of property mentioned in sale deed - Plaintiff granted opportunity to affix ad valorem court fee..........
Indian Penal Code, 1860, Section 420, 467, 470, 471 -- Cheating - Quashing of FIR - Dispute relates to claim of title of land - Allegation that accused forged documents i.e MOU and SPA with fraudulent motive to transfer property belonging to respondent company - Ex facie allegations do not disclose commission of a criminal offence - Company if required and necessary can..........
Agreement to sell -- Specific performance - Stamp duty - No delivery of possession of suit property either before or after execution of suit agreement for sale was made - Possession is ordered to be delivered by defendants to plaintiff after execution of sale deed, as a part of decree of specific performance - There is thus, no substance in the argument that stamp duty of..........
Agreement to sell -- Specific performance - Settlement before Supreme Court - Concurrent findings of three Courts below in favour of plaintiff is on record - Parties have amicably settled the matter and defendant already received additional amount of Rs.12,50,000/- - Defendants thus, directed to apply for Town improvement Trust for transfer of suit property to plaintiff...........
