Guardians and Wards Act, 1890, Section 47(a) -- Sale of minor's property by mother - Mother is a widow and she is facing difficulties in managing property in question - Considering meagre salary drawn by her, quality of education she is trying to provide to her minor daughters and their future needs, she seeks to sell property - Mother is ready to deposit entire sale..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for recovery of possession and arrears of rent - Lis only between plaintiff and defendant - Plaint nowhere contains any submissions or allegations against petitioner nor any relief has been prayed for against her - Petitioner sought his impleadment on the basis of ownership over suit property -..........
Agreement to sell -- Specific performance - Refund of earnest money - Can be granted only where a valid and enforceable agreement of sale is established and plaintiff proves readiness, willingness and entitlement to relief...........
Agreement to sell -- Validity - Security for loan transaction - Substantial portion of consideration paid much prior to execution of agreement - Period of three years stipulated despite balance consideration being negligible - Agreement is proved to be intended only as a security document and not as an agreement of sale - Agreement to sell not a genuine agreement of sale..........
Specific Relief Act, 1963, Section 28 -- Decree for specific performance - Non-payment of balance sale consideration within time period fixed by Trial Court does not amount to abandonment of contract and consequent rescinding of same - Real test must be to see if conduct of plaintiff will amount to a positive refusal to complete his part of contract...........
Specific Relief Act, 1963, Section 28 -- Decree for specific performance - Extension of time to deposit balance sale consideration - Power to extend time granted in decree for performance of its conditions can be extended on such terms as Court may deem fit - However, non-grant of extension of time cannot be the end of transaction...........
Agreement to sell -- Oral agreement - Oral agreement for sale of immovable property is permissible in the eye of law...........
Adverse possession -- Suit for declaration of title and permanent injunction - Plaintiff's title/ownership to suit property is clearly established through registered sale deed, mutation, issuance of patta and approved building map in favor of plaintiff - It therefore, demonstrate possession under lawful title and do not reflect hostility required for adverse possession -..........
Agreement to sell -- Breach of agreement - Refund of advance amount - Execution and contents of agreement unequivocally admitted by defendant in his evidence - Case projected by defendant that plaintiff was aware of encumbrance on suit property from inception was nothing but an afterthought, devised solely to defeat plaintiff's legitimate claim for refund - More so, upon..........
Specific Relief Act, 1963, Section 28 -- Scope - Operation of S.28 of the Act ceases after execution of sale deed...........
