Registration Act, 1908, Section 49 -- Proviso - Un-registered sale deed - Suit for permanent injunction - Suit is only filed for permanent injunction and not for declaration of title over property - Un-registered sale deed thus, can be received as evidence for collateral purpose to prove the possession of property subject to proof and relevancy...........
Agreement to sell -- Specific performance - Readiness and willingness - Defendant offered to get sale deed executed in favour of plaintiff - Plaintiff in such circumstances, was required to take steps to honour the agreement - However, plaintiff did not take any step for more than one year - Plaintiff thus, was not ready and willing to perform his part of contract -..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for cancellation of sale deed - Concurrent findings of fact have been recorded by two Courts below on the basis of pleadings, evidence and material on record that defendant no.1 was the owner and in possession of suit property - Defendant no.1 had executed registered sale deed of suit property in favour of..........
Agreement to sell -- Specific performance - Agreement with only one of the co-owners - Suit filed on the last day of limitation inspite of having knowledge of sale deed executed in favour of defendant Nos.12 to 14 - Suit having been preferred after a long delay, plaintiff is not entitled for specific performance - Dismissal of suit by High Court, upheld...........
Agreement to sell -- Specific performance - Agreement with only one of the co-owners - Suit filed on the last day of limitation inspite of having knowledge of sale deed executed in favour of defendant Nos.12 to 14 - Suit having been preferred after a long delay, plaintiff is not entitled for specific performance - Dismissal of suit by High Court, upheld...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Interim order of deposit of rent - Trial Court without deciding an application for temporary injunction passed order directing vendee to deposit the rent - It was not appropriate to pass such an order directing vendee to deposit rent after collecting it from tenants particularly when sale deed has..........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration and permanent injunction - Plaintiffs claimed their ownership over suit property on the basis of sale deed - They have established the boundaries of disputed property given in their sale deed as disclosed in Commission report and Survey Commissioner Report - Plaintiffs have proved that they are owners of..........
Civil Procedure Code, 1908, Order 21, Rule 66, 54 -- Auction sale - Proclamation - Sale proclamation should mention the estimated value of the property and such estimated value can also be given U.O.21.R.54 CPC...........
Civil Procedure Code, 1908, Order 21, Rule 54(1), 66 -- Execution - Attachment of property - When only one of attached properties was sufficient to satisfy the decree there was no requirement for effecting sale of entire attached property...........
Civil Procedure Code, 1908, Order 21, Rule 66 -- Execution - Sale of property - Only such portion of property as would satisfy decree is to be sold and not the entire property - Court's power to auction any property or part thereof is not just a discretion but an obligation imposed on the Court and the sale held without examining this aspect and not in conformity with this..........
