Auction sale -- Setting aside - Confirmed auction sale could have been interfered with only when there was a fraud or collusion...........
Easements Act, 1882, Section 15 -- Easement - Right of way - Plaintiff contended that he acquired easementary right under sale deed - However, property owned or possessed by plaintiff originally belonged to original owner which was acquired by Government - No evidence on record that government ever transferred any easementary right over rasta in dispute to auction..........
Agreement to sell -- Specific performance - Defendant contended that they executed agreement as security of loan - If at all defendants are of the view that, they have availed loan from plaintiffs and have not entered into sale agreement, there was no impediment for the defendants to execute the mortgage deed instead of executing a sale agreement - Plaintiffs with cogent..........
Agreement to sell -- Specific performance - Defendant contended that they executed agreement as security of loan - Recitals in the agreement of sale has been understood and acted upon by parties by executing confirmation deed - DW 1 admits in his evidence that plaintiffs are financially sound enough to repay the balance amount and are in land business - Said aspect would..........
Mutation -- Challenge as to - Mutation is entered by revenue authorities in order to upgrade the revenue record - This is a natural consequence of change of ownership either by way of any written instrument like sale deed, gift deed or on account of succession by virtue of natural succession or Will - It was thus, not necessary to formally challenge mutation in a suit for..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Partition suit - Petitioner contended that suit property claimed by plaintiffs encompasses the property purchased by him from defendant - Even if it is assumed that petitioner is a purchaser pendente lite and even if it is treated to be not bonafide purchaser, yet since the sale is brought about by..........
Civil Rules of Practice, Rule 203A, Civil Procedure Code, 1908, Section 151 -- Issuance of certified copy of photostat copy of an unmarked document - Unmarked certified copy of agreement of sale was allowed to be returned by permitting it to be substituted by a photocopy of said document - Application for issuance of certified copy of photostat copy of said unmarked..........
Evidence Act, 1872, Section 45, Civil Procedure Code, 1908, Order 26, Rule 10A -- Handwriting expert - Comparison of signatures - Signatures obtained in open Court which are on suit summons, vakalat and written statement would be later in point of time than the suit agreement of sale - Said signatures are not safe to take as specimen signatures for comparison with disputed..........
Evidence Act, 1872, Section 45, Civil Procedure Code, 1908, Order 26, Rule 10A -- Handwriting expert - Comparison of signatures - Signatures obtained in open Court which are on suit summons, vakalat and written statement would be later in point of time than the suit agreement of sale - Said signatures are not safe to take as specimen signatures for comparison with disputed..........
Agreement to sell -- Specific performance - Readiness and willingness - In order to be successful, plaintiff need not jingle his coins or deposit the amount to the credit of Court unless and otherwise directed by Court - However, he must show his ability to generate funds for the purpose of converting the sale agreement into a sale deed...........
