Hindu Law -- Joint Family Property - Alienation by Karta - Legal necessity - Alienees have pleaded legal necessity - Therefore, it is for alienees to prove legal necessity - Alienations were for medical expenses of senior male member of family and thereafter for building the house and family maintenance - Sale deed executed in favour of alienees is valid and prove legal..........
Civil Procedure Code, 1908, Order 21, Rule 58(3) -- Execution - Attachment of property - Bona fide purchasers - Order of attachment has been entered in encumbrance certificate 6 months after execution of sale deed in favour of claim petitioners - Claim petitioners thus, had no knowledge of order of attachment on the date of sale deed - They held to be bona fide purchasers..........
Specific Relief Act, 1963, Section 31 -- Cancellation of gift deed - It is incumbent upon plaintiff to establish that he has a prima facie title over suit property for claiming cancellation of gift deed...........
Specific Relief Act, 1963, Section 31 -- Cancellation of gift deed - Plaintiff relying upon agreement to sell which is neither executed by owner of property nor by his power of attorney but is executed by a person, who has no authority in law to enter into an agreement to sell - Even otherwise also, agreement to sell is unregistered and in absence of registration of..........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Bar of O.2.R.2 CPC - Suit for cancellation of gift deed - There will be bar of O.2.R.2 CPC as earlier suit for injunction was filed, which is pending before Civil Court...........
Civil Procedure Code, 1908, Order 21, Rule 58 -- Execution - Attachment - Objections - Execution of decree for execution of registered sale deed - There is no attachment of property - Application U.O.21.R.58 CPC, not maintainable...........
Agreement to sell -- Specific performance - Readiness and willingness - Plaintiff has made no attempt to raise funds to pay remaining portion of sale consideration within the period of agreement - Even, at the time of filing suit or after filing of suit, no attempt was made by plaintiff to show that he has capacity to pay balance sale consideration and to get sale deed..........
Power of attorney -- Execution of agreement to sell, power of attorney and Will - On the strength of power of attorney, neither sale deed executed nor any action pursuant thereof taken - Non execution of any document by power of attorney holder consequent to it renders said power of attorney useless...........
Civil Procedure Code, 1908, Section 145, Provincial Small Causes Courts Act, 1887, Section 17 -- Surety - Photocopy of sale deed cannot be accepted as surety for the purpose of S.17 of 1887 Act r/w S.145 CPC...........
Civil Procedure Code, 1908, Order 15, Rule 5 -- Striking off defence - Non-payment of lease money - Defendants cannot escape/evade their liability to pay arrears of lease money on the ground that plaintiff had failed to comply with terms and conditions enumerated in lease deed - Defence of defendant rightly struck off...........
