Punjab Village Common Lands (Regulation) Act, 1961, Section 2(g)(iia) -- Shamlat deh - Exclusion from - Gram Panchayat has been held to be owner of entire land but 76 acres out of this land has been excluded on ground that department has erected infrastructure and established farm etc. - Held, once it has been held that entire land including 76 acres is `Shamilat Deh',..........
Civil Procedure Code, 1908, Section 47 -- Execution - Attachment of property of J.D. - J.D. ready to pay the decretal amount - Executing Court shall proceed with the execution and shall not confirm the sale if the entire decretal amount along with interest is deposited on or before 31.05.2013 with a caution that sale is not stayed...........
Agreement to sell -- Suit for specific performance - Ready and willing - Pleading and proof - Mandatory provision of S.16(c) of Specific Relief Act is applicable only when suit is filed after the expiry of the date fixed under the agreement for sale...........
Registration Act, 1908, Section 17 -- Registration - Sale deed executed in the year 1996 but registered in the year 2008 - Law does not require that a sale deed must be registered on the same day on which it was executed - While the execution connotes the intention of the executant, registration brings about compliance with law - Moreover, appellants cannot be permitted to..........
Adverse possession -- Plaintiff in possession of property as a lessee - He claimed rights over the property on the strength of agreement of sale - Held, plaintiff cannot claim adverse possession over the property...........
Transfer of Property Act, 1882, Section 54 -- Cancellation of sale deed - Undue influence - Vendor about 100 years of age - Wife (plaintiff) had no knowledge of execution of sale deed at the time when it was so executed - Entire transaction underwent clandestinely and those who in normal course must have knowledge thereof, were kept in the dark - Attesting witness of sale..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 11 -- Gram Panchayat land - Proprietary rights - Held, illegal sale of Gram Panchayat land by other lessees or failure of Gram Panchayat to challenge these sale deeds cannot divest Gram Panchayat of its proprietary rights...........
Criminal Procedure Code, 1973, Section 378, Indian Penal Code, 1860, Section 418, 468, 471 -- Forgery - Acquittal - Validity - When sale deed in dispute was executed, respondent/accused was not present at that time - Nothing on record to show that she was instrumental in obtaining and attesting sale deed - None of the witnesses have stated that respondent/accused had..........
Agreement to sell -- Specific performance - Agreement alleged by executed under duress, coercion or undue influence - Defendant admitted his signature on the agreement of sale and further overleaf the agreement in his own handwriting and admitted receipt of Rs.5,000/- and extension of date - All these acts were voluntarily done by defendant - Defendant cannot be permitted..........
Specific Relief Act, 1963, Section 20 -- Specific performance - In a suit for specific performance of contract, sale of immovable property is not invariably ordered as a matter of right - Relief is discretionary but discretion being a judicial one has to be exercised neither arbitrarily nor unreasonably but according to law and reason...........
