Agreement to sell -- Specific performance - Bona fide purchasers - Agreement in question was not executed by all the co-owners - Agreement to sell was incomplete and unenforceable against Defendant Nos.6 to 8, who held a majority share in the property - Enforcing such an agreement would be inequitable - All the co-owners of property transferred the suit property in favour..........
Agreement to sell -- Specific performance - Co-owners - Plaintiffs failed to demonstrate readiness and willingness to perform their obligations and did not take necessary steps to secure the consent of all co-owners - Granting specific performance would unfairly prejudice the defendants, especially defendant Nos. 6 to 8/co-owners, who never consented to the sale to..........
Stamp Act, 1899, Section 2(15) -- Partition deed - Parties on an oral family settlement not only divided their shares but also taken possession of their respective shares by metes and bounds, then at the time of reducing writing the memorandum of settlement they ceased to be co-owners - Memorandum of settlement held, not treated as instrument which requires stamp duty as..........
Specific Relief Act, 1963, Section 37, 38 -- Injunction - Co-owners - One co-owner alone is not competent to transfer the entire property without getting his share determined and demarcated so as to bind the other co-owners - Defendant/Co-owner rightly restrained by decree of injunction in acting in derogation of the propriety rights of the co-owners until and unless..........
Joint Property -- Co-owners - Undivided suit property is left with co-owners to proceed in accordance with law to get their shares determined and demarcated before making a transfer...........
Consumer Protection Act, 1986, Section 17 -- Consumer complaint - Unfair trade practice - Joint venture agreement - Construction of dwelling units - Appellants/owners of land entered into agreement with Respondent No.2 and also executed irrevocable power of attorney in his favour and Respondent No.2 on the basis of said documents entered into sale agreements with..........
Co-owners -- Co-owner - cannot be dispossessed by other co-owner on the basis of sale deed, unless the suit for partition is filed and share is carved out and separate possession is taken...........
Transfer of Property Act, 1882, Section 44 -- Sale - Co-owners - After purchasing the property of co-owners, purchaser has to file suit for general partition as per S.44 of the Act - Such suit is not filed by plaintiff for partition and therefore, question of encroachment on the part of defendants in the suit property does not arise - Order of first appellate Court..........
Civil Procedure Code, 1908, Section 60(1)(ccc) -- Exemption from attachment - DH unable to show that JDs are owners of more than one house - Court rightly granted exemption from attachment on the ground that house in question is the only residential house of JDs...........
Civil Procedure Code, 1908, Section 96 -- Appeal - By a person not party to suit - Suit for specific performance - Appellants claimed to be joint owners of property which was decreed in favour of plaintiff - They would naturally be bound by impugned decree and would be actually aggrieved persons - Appellant's title to joint ownership of suit property is not being decided..........
