Transfer of Property Act, 1882, Section 52 -- Transfer pendente lite - If any sale deed has been executed during pendency of suit and even if there was no temporary injunction order, still the said sale deeds would be subject to provisions of S.52 of the Act...........
Limitation Act, 1963, Article 56 -- Limitation - Suit for declaration, delivery of possession and permanent injunction - Suit not filed within three years of having knowledge of execution of sale deed - Suit filed is not within limitation - Suit filed is barred by limitation - Suit rightly dismissed...........
Registration Act, 1908, Section 78, Kerala Stamp Act, 1959, Section 2(d) -- Schedule - Rectification deed - Document in question simply correcting wrong description of boundaries of certain items of properties and not at all a conveyance or a sale deed transferring any right or interest over the property - No stamp duty has been prescribed for a deed of rectification under..........
Civil Procedure Code, 1908, Section 47 -- Execution - Objections to draft sale deed - Time to file objections is given to JD but no objections to draft sale deed was filed - No sufficient cause/valid reasons for JD/petitioner to seek further extension of time for filing objections to draft sale deed - Delay tactics adopted by JD is proverbial - Objections rightly rejected...........
Transfer of Property Act, 1882, Section 54 -- Sale deed - A person claiming title on the basis of a sale deed needs to prove the title of his vendor...........
Transfer of Property Act, 1882, Section 54 -- Sale deed - Once vendor claimed that property in question was lying vacant for last 14 years there was no question of delivery of physical possession to plaintiff/vendee - Thus, mere registration of sale deed could not be relied upon to show that possession had passed to plaintiff...........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Plaintiff filed the suit on the basis of sale deed - However, he failed to prove that his vendor had a good title in the property - Plaintiff having led no cogent and convincing evidence to prove his possession on the property in dispute, his suit for permanent injunction rightly dismissed...........
Agreement to sell -- Stamp duty - Once sale deed is executed and stamped, agreement of sale can no longer be independently subject to stamp duty, as it has merged into the sale deed...........
Agreement to sell -- Specific performance - When written agreement of sale relied upon by plaintiff has not been marked in evidence, question of appreciating any other averments made in plaint or in the written statement as the admission or otherwise would not arise...........
Agreement to sell -- Specific performance - Defendant though admitted execution of agreement but categorically stated that plaintiff has not complied with the agreement of sale and terms thereof - It cannot be said that there is a clear and categorical admission on the part of defendants regarding agreement of sale and terms thereof - More so, agreement in question is not..........
