Civil Procedure Code, 1908, Order 22, Rule 3 -- Impleading of L.R's - Claim based on a registered adoption deed - Petitioner falls within the definition of 'legal representative' as defined u/s.2(11) CPC - Substitution allowed...........
Civil Procedure Code, 1908, Order 21, Rule 35, Evidence Act, 1872, Section 116 -- Estoppel - Execution - Decree for possession - Challenge by judgment-debtor on ground that third co-sharer not party to license deed - JD never raised issue of third co-sharer before any Court, except in review petition - Since license created only by plaintiffs - JD estopped from raising..........
Civil Procedure Code, 1908, Order 1, Rule 10, Transfer of Property Act, 1882, Section 52 -- Impleading of a party - Transferee pendente lite - Applicant not approaching Court immediately after execution of sale deed and approached Court only after evidence of defendant was closed - Order dismissing application - No interference...........
Evidence Act, 1872, Section 65 -- Secondary evidence - Non-production of original registered mortgage deed - Admissibility of oral evidence - Since original document was registered prior to partition of country and is currently in area which is now part of Pakistan - Therefore, oral evidence of document is admissible...........
Court Fees Act, 1870, Section 7(iv)(c) -- Sale deed - Court fee - Ad valorem Court Fee is payable only when consequential relief of cancellation of sale deed is required - Cancellation of sale deed as a consequential relief is required in case of sale deed is voidable and not in case when sale deed is void - In the instant case a declaration was sought that sale deed is..........
Hindu Marriage Act, 1955, Section 5, 11 -- Wife performing second marriage during subsistence of first marriage - Plea by wife that customary divorce was obtained by executing a divorce deed - Wife failed to prove the custom - Such divorce deed cannot be treated as a document of dissolution of marriage - Decree of nullity of marriage granted in favour of husband...........
Stamp Act, 1899, Section 2(5), 33, 35, 35, 40 -- Bond - Sale deed executed on payment of part payment - Balance amount payable within one year - Agreement executed - Document attested by witness and not payable to order or bearer - Held, the document is a bond - Document ordered to be impounded and to be dealt with u/s 40 of the Act...........
Transfer of Property Act, 1882, Section 10 -- Partition of ancestral joint family property - Partition deed containing condition restraining disposition - Whenever a share is allotted to a coparcener in partition, he becomes a full owner irrespective of condition that may have been incorporated in the partition deed - Each sharer takes his share exclusively with a right of..........
Agreement to sell -- Specific performance - Plaintiff keen on getting sale deed executed in his favour on payment of even increase in price - Held, this is an additional fact that weighs with the Court in not denying the decree of specific performance...........
Land Acquisition Act, 1894, Section 4, 18 -- Acquisition of land - Appeal - Challenging determination of market value of land on basis of sale deed - No evidence on record brought to prove that land in sale deed is similar to that in question - Also, it is not shown to which category of land sold in terms of sale deed would fall - Appeal dismissed...........
