Transfer of Property Act, 1882, Section 54, Registration Act, 1908, Section 17, 49 -- Cancellation of unregistered sale deed - Suit filed for cancellation of unregistered sale deed, whereby no title passed to defendants as per S.54 of T.P. Act, would not be maintainable, as prior to registration of document plaintiff is legally disentitled to challenge sale deed before..........
Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 34, 17 -- Jurisdiction of civil Court - Civil suit for partition - Not maintainable when proceedings under SARFAESI Act had been initiated - Remedy against initiating proceedings under SARFAESI Act lies u/s 17 which provides for an efficacious and adequate remedy..........
Specific Relief Act, 1963, Section 34 -- Suit for mere declaration without seeking relief of possession is not maintainable, if plaintiff is not in possession of suit property...........
Agreement to sell -- Oral - Suit for specific performance is maintainable on the basis of oral agreement of sale...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Order 41, Rule 20 -- Temporary injunction - Declined - Appeal against - Appeal filed against some of the defendants - Allegations against all the defendants in order to justify grant of temporary injunction - Grounds of appeal directly concern defendants in the pending suit who have not been made..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by law - Partition suit - Property of partnership firm - No averment in plaint that partnership firm in dispute has been dissolved, debts and liabilities have been settled and nothing remains towards liability of firm to be settled - Since suit property is the property of partnership firm, suit..........
Civil Procedure Code, 1908, Section 96 -- Appeal - Final decree - Partition suit - Where appeal against preliminary decree rejected even on the ground of limitation, it shall operate as a fetter to appellant's right to lay challenge to final decree on ground already raised and rejected during dismissal of appeal against preliminary decree - Appeal dismissed being not..........
Transfer of Property Act, 1882, Section 105 -- Lease - Eviction suit - Tenant taken a plea that plaintiff is a foreign national and cannot hold property in India, thus eviction suit not maintainable - Plaintiff admitted that she was not Indian by birth but she acquired Indian citizenship in the year 1989 - No evidence produced by defendant to substantiate his plea - Plea..........
Rent and Eviction -- Death of tenant - Eviction petition against daughter of deceased tenant is maintainable and there is no legal requirement to file suit for possession...........
Specific Relief Act, 1963, Section 34, 37, 38, Easements Act, 1882, Section 15, 35 -- Public road - Construction of wall by defendant - Plaintiff's easementary right obstructed - Suit for declaration and injunction - Suit is maintainable against defendant without impleading Govt./N.A.C. - No person has any right to make construction over the land belonging to the..........
