Agreement to sell -- Specific performance - Agreement to sell qua land comprised in Khasra No.454 - Decree passed qua Khasra No.457 - Specific performance of contract was not claimed of land of Khasra No.457 - Judgment and decree set aside - Matter remitted for decison afresh...........
Civil Procedure Code, 1908, Order 37, Rule 3(6) -- Summary suit for recovery - Court trying a suit U.O.37 CPC is within its powers to pass a decree U.O.37.R.3(6) CPC in favour of plaintiff forthwith on account of failure of a defendant to comply with conditions upon which leave is granted...........
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 - Execution of agreement to sell by defendant No.1 on behalf of herself and on behalf of other defendants including minors - No power of Attorney was there in favour of defendant No.1 and even no permission was sought from the Court of competent jurisdiction regarding selling of property of minors which is sine qua non as per..........
Civil Procedure Code, 1908, Order 9, Rule 13, Hindu Marriage Act, 1955, Section 13 -- Ex parte divorce decree against wife - Setting aside - Wife had not been able to render satisfaction that she had been prevented by any sufficient cause from appearing - She did not seek before Family Court right to be represented by legal practitioner - Wife appointed one and entered..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Allegation that wife assaulted her mother-in-law - However, factum of grievous injuries suffered by mother-in-law on being assaulted by sharp edged weapon was not proven to any extent - What may have occurred may therefore, continue to be described as a family squabble which may never..........
Compromise decree -- Setting aside - Compromise may be void or voidable, it is required to be set aside by filing a suit within period as permissible under law - Contention that a void decree can be challenged at any time or that law of limitation does not apply to challenge such a decree, has no merits...........
Civil Procedure Code, 1908, Section 11, Provincial Small Cause Courts Act, 1887, Section 15 -- Res judicata - SCC suit - Small Cause Courts has limited jurisdiction to go into the question of title incidentally for deciding the claim of landlord for a decree of ejectment and execution thereof - However, Small Cause Courts decide the cases in a summary manner and the..........
Provincial Small Cause Courts Act, 1887, Section 15 -- Jurisdiction of Small Cause Courts - Eviction suit - When suit filed by landlord against tenant already stands decreed and opposite party claims to have acquired ownership of property in dispute through a sale-deed executed by its previous owner, adjudication of claim of opposite party becomes incidental to..........
Civil Procedure Code, 1908, Order 21, Rule 97, 98, 99 -- Execution - Third party objections - SSC suit for eviction - When petitioner claimed that property in question had been purchased by her from its previous owner through a registered sale-deed, she had locus standi to claim that she had the right to resist her ejectment through execution proceedings instituted for..........
