Agreement to sell -- Specific performance - Plaintiffs paid more than 95% of sale consideration well within time - Sale agreement was executed by defendant Nos. 2 to 4 in favour of plaintiffs well prior to cancellation of power deed in their favour - Hence, there is no need to go into the question of validity of cancellation of power deed - Pre-suit notice was issued..........
Evidence Act, 1872, Section 102 -- Burden of proof - In a suit for declaration of title, recovery of possession and mandatory injunction, entire burden lies on plaintiff to prove his valid right and title and also title of his vendor...........
Specific Relief Act, 1963, Section 34, 39 -- Suit for declaration of title, recovery of possession and mandatory injunction - Advocate Commissioner visited the suit schedule property with Mandal Surveyor in the presence of both the parties and their counsels and Advocate Commissioner executed the warrant - Plaintiff not even identified his property in the presence of..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - When there is a title dispute yet to be adjudicated in the suit, demarcating boundaries as per documents produced by parties, would not be proper - If plaintiff succeeds to prove his title, then in such a case further steps of fixing boundaries and demarcating boundaries would arise - But..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - Advocate Commissioner can be appointed to note down physical features of suit property which would include the exact location of property so as to survey number and boundaries existing with regard to suit property...........
Transfer of Property Act, 1882, Section 60 -- Mortgage - Redemption - Mortgagor had failed to redeem property for more than 30 years - Plaintiff/mortgagees filed suit for declaration that they have become owner in possession of suit land by prescription of time - Once a mortgage always a mortgage and there would be no period for redemption for the same - Suit which was for..........
Specific Relief Act, 1963, Section 39 -- Mandatory injunction - Encroachment - Plaintiff failed to make out prima facie case that he has exclusive title over disputed portion - When there is a dispute over title of property by rival parties, plaintiff ought to have amended suit including prayer for declaration of title - Since plaintiff failed to do so, he is not entitled..........
Specific Relief Act, 1963, Section 39 -- Mandatory injunction - Encroachment - Plaintiff failed to establish alleged encroachment by defendant - Though plaintiff contended that defendant encroached upon his property in the year 2005, inaction by plaintiff in taking any steps against defendant would go to show that said contention is false - Considering evidence of PW1 and..........
Limitation Act, 1963, Article 54 -- Limitation - Suit for specific performance - Time to fulfill contract to execute sale deed not mentioned in agreement to sell - Though original date of agreement is 22.08.1994, plaintiff approached defendant nos. 1 to 3 demanding them to execute sale deed on 09.06.2003 and same was denied by defendants, suit was filed on 26.06.2003 -..........
Agreement to sell -- Specific performance - Defendants contended that agreement to sell is a fabricated document - However, they failed to appear and adduce evidence before trial Court and state their case on oath and offer themselves for cross examination by other side - Presumption rightly drawn against them that case set up by defendants is incorrect - Possession of..........
