Specific Relief Act, 1963, Section 38 -- Permanent injunction - Decree for permanent injunction cannot be passed only on the basis of possession in pursuance of an agreement to sell...........
Agreement to sell -- Agreement to sell in respect of immovable property - Title is not transferred in favour of purchaser under the agreement - Only mode by which an immovable property worth more than Rs.100/- can be sold is by of sale deed duly registered in accordance with Registration Act...........
Agreement to sell -- Specific performance - Plaintiff made repeated demands to defendant to execute sale deed - Plea by defendant that plaintiff had not issued any notice asking him to execute the sale deed - There is no rule in evidence that a notice must always be in a written form...........
Agreement to sell -- Agreement holder is never considered to be a transferee of the title as per the provisions of Transfer of Property Act and he is not entitled to institute any writ petition claiming any rights under the alleged agreement of sale...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of commissioner - Dispute between parties is with regard to intention of parties behind the execution of agreement - Court cannot assist a party for collection of evidence - Fact whether suit property lie on the common path or not can be established by way of evidence and it is for plaintiff or defendant to stand..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for specific performance - Issue as to whether agreement between parties was executable or not would be an issue to be decided during trial - Trial Court has discretion to grant such relief or not to grant as per stipulation u/s 20 of Specific Relief Act - Plaint not liable to be rejected...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit for specific performance - Agreement for sale is admitted - Terms and conditions therein are also not disputed - Defendants also received part of sale consideration as advance - Question which require consideration in the trial i.e whether the plaintiffs are entitled for decree of specific..........
Property -- Inherited property - A property obtained through inheritance, whether by way of a Will or upon the demise of property owner, is classified as inherited property - Inheritor holds exclusive ownership over the said property, and is entitled to freely transfer, sell, or dispose of it at their discretion - There are no claims based on birth right, with ownership..........
Transfer of Property Act, 1882, Section 107 -- Lease deed - Unregistered - Lease for a term exceeding one year can be made only by a registered instrument - Agreement in question being unregistered lease deed cannot be looked into as per S.107 of the Act and cannot be said that perpetual lease was created by that document. ( Para 6)..........
Agreement to sell -- Specific performance - Defendant No.2 executed agreement to sell in the capacity of partner and director of Firm - Advance taken was credited in the bank account of Firm - Defence of defendant No.2 that his signatures were obtained on the agreement while he was intoxicated not tenable, as defendant No.2 as well as other partners had not initiated any..........
