Civil Procedure Code, 1908, Order 7, Rule 11(d), Civil Procedure Code, 1908, Order 2, Rule 2 -- As security of loan, sale deed executed on 5.5.1953 - Oral agreement that on return of loan amount re-conveyance deed shall be executed - Entire loan amount paid on 25.3.1987 - Suit for declaration of title and injunction filed on 26.8.1996 - Suit for mere declaration is not..........
Haryana Ceiling on Lands Holdings Act, 1972, Section 26 -- Jurisdictional bar - Surplus Area - Agreement of sale of land dated 19.05.1958 by big land owner before the appointed day i.e. 30.07.1958, under the Punjab Security of Land Tenure Act - Land declared surplus on 21.02.1959 - Sale deed executed on 27.04.1959 after the appointed day - Land vested in the State..........
Sale deed -- Loan transaction or sale deed - Sale deed alleged to be only as security for repayment of loan - S.92 Evidence Act not a bar for proving these allegations - Sale consideration not paid before Sub-registrar - Sale deed for unconscionable low price - Close relationship between vendee and illiterate widow lady in need - Possession given towards payment of..........
Punjab Security of Land Tenures Act, 1953, Section 14A(i), 9(1)(ii) -- Summary eviction proceedings - Doubt/dispute about relationship of landlord and tenant - Summary proceedings under the Act - Not applicable - Alleged tenant denied relationship of landlord and tenant because original owner had executed sale deed in his favour - Relationship of parties not established..........
Transfer of Property Act, 1882, Section 60 -- Clog on right of redemption whether can be in a separate/subsequent agreement - Further advance taken on security of land already under mortgage - Stipulation in subsequent agreement that if mortgagor failed to redeem land within one month of agreement he shall be liable to execute sale-deed in favour of mortgagee for same..........
Punjab Security of Land Tenures Act, 1953, Section 14A(ii) -- Agreement for sale of land between landlord and tenant - No sale deed executed in terms of agreement - After execution of agreement possession referable to terms of agreement and not to any earlier relationship between the parties - Landlord debarred from enforcing rights arising from earlier tenancy not..........
Punjab Pre-emption Act, 1913, Section 3(5)(a) - - Sale in execution of decree for specific performance of agreement to sell - Pre-emptible. Sale in execution of the decree for specific performance of the agreement to sell passed in favour of the vendees is pre-emptible. (1965 P. L. R. 74 Reiterated) (Para 5) The words in Section 3(5)(a) of the Punjab Pre-emption Act are..........
Punjab Security of Land Tenures Act, 1953, Section 17A -- Sale of land to tenant alongwith stranger - Share of tenant not specified in sale - deed - Pre-emption suit - Tenant's share if can be ascertained on presumption of law - Pre-emptor's suit to the extent of tenant's share will fail - Punjab Pre-emption Act (1 of 1913), Section IS. It is only where it is impossible to..........
