Agreement to sell -- Suit for specific performance - Agreement to sell though in fact is sale deed but since sale is not complete as it is not registered as such suit filed by plaintiff for direction to defendant to get the same registered and enforced is maintainable...........
Civil Procedure Code, 1908, Order 38, Rule 8, Civil Procedure Code, 1908, Order 8, Rule 6A -- Claim petition U.O.38.R.8 CPC by third party - Counter claim - Maintainability - Counter claim is maintainable in claim petition filed by third party U.O.38.R.8 CPC, as petitioner who filed attachment petition would get the status of a defendant in a suit in said claim petition,..........
Civil Procedure Code, 1908, Section 151 -- Interim maintenance - Claimed by plaintiff and his family - Suit for partition and separate possession - Plaintiff failed to prove prima facie case regarding his entitlement of his share in suit properties - He thus, not entitled to any interim maintenance - Application for interim maintenance held, dismissed being not..........
Orissa Gram Panchayat Act, 1965, Section 138(1) -- Suit against Gram Panchayats - Non-compliance of S.138(1) of the Act - Suit held, not maintainable...........
Specific Relief Act, 1963, Section 34 -- Suit for mere declaration and possession - Without seeking prayer for setting aside sale deeds in question not maintainable, where sale deeds in question were executed by father on himself or on behalf of his minor son without obtaining permission of Court, as alienation is voidable at the instance of minor or on his behalf were..........
Hindu Minority and Guardianship Act, 1956, Section 8 -- Sale of minor's property by father in contravention of S.8(1) and S.8(2) of the Act - Suit for partition and injunction filed by minor after attaining majority - Without seeking relief to set aside document of alienation suit cannot be entertained being not maintainable, as relief to set aside transaction forms..........
Transfer of Property Act, 1882, Section 54, 55(4)(b) -- Sale - Recovery of unpaid consideration - Part of amount paid and balance consideration promised to be paid - Seller has legal recourse u/s 55(4)(b) of the Act for amount unpaid and interest on such amount - Merely because it is not so specifically mentioned in sale deed, it does not take away right of seller to..........
Transfer of Property Act, 1882, Section 43 -- Erroneous representation by vendor - Suit by heirs of vendor for cancellation of sale deed - Not maintainable...........
Transfer of Property Act, 1882, Section 60 -- Mortgage - Redemption - Mortgagee assignee by act of parties received Rs.3000 being mortgage amount from defendant and by putting him possession, mortgage is extinguished - Suit for redemption of mortgage preferred by original plaintiff held, not maintainable...........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Mere suit for permanent injunction without declaration of title over suit land is not maintainable where a cloud is raised over plaintiff's title and he is not in possession over suit land...........
