Civil Procedure Code, 1908, Section 151, Order 1, Rule 10(2), Transfer of Property Act, 1882, Section 52 -- Impleadment of subsequent purchaser - Merely because the transfer during pendency of suit is hit by principle of lis pendens incorporated u/s 52 of T.P.Act that cannot operate as bar for court to exercise power U.O.1.R.10(2) CPC to permit subsequent purchaser for..........
Agreement to sell -- Specific performance - Ready and willing - Seller failed to redeem the mortgage land before stipulated date as agreed - Adverse inference against purchaser that they failed to appear before sub registrar on the date fixed for execution and sale deed cannot be drawn because land was still under mortgage - Thus, fault lies with defendants and it cannot..........
Indian Penal Code, 1860, Section 420 -- Cheating - Applicant is a purchaser - No allegation of dishonesty making any false and misleading representation against applicant - Therefore proceedings against applicant amount to abuse of process of court and as such to secure the ends of justice the same deserve to be quashed...........
Revenue sale -- Concept of revenue sale of immovable property is not recognized in law as it does not transfer title to purchaser...........
Co-sharer -- Sale of specific numbers out of joint khata - Sale is deemed to be sale of share only and purchaser becomes a co-sharer along with other co-sharer & such purchaser steps into the shoes of seller...........
Hindu Law -- Coparcenary property - Sale - Family necessities - If sale could be supported for necessity which could include a discharge of a debt which was antecedent to sale, burden of proof of proving such necessities would be squarely on purchaser - Purchaser is required to prove that he made enquiries and found that at relevant time, manager had contracted a debt and..........
Adverse possession -- Co-sharer - There can be no adverse possession against co-sharer in the absence of ouster - Mere contesting mutation of right to title is no ouster - Purchaser from a co-sharer also becomes and remains a co-sharer...........
Land Acquisition Act, 1894, Section 4 -- Acquisition of land - Subsequent purchaser - Locus to challenge acquisition proceedings - Held, a person who purchases land subsequent to issuance of S.4 notification is not competent to challenge validity of acquisition proceedings on any ground whatsoever for reason that sale deed executed in his favour does not confer upon him..........
Hindu Law -- Joint Hindu Family Property - Sale by Karta - Karta of Hindu joint family has no unlimited right of sale of joint family property - Sale of immovable property could be sustained to bind a coparcener only if it is supported by legal necessity or for family benefit - Proof of legal necessity is always on the purchaser whose evidence must be cogent and..........
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 22, Rule 10 -- Impleading a party - Pendente lite purchaser - If a judgment is binding upon a person it is necessary to hear him before passing the judgment - After transferring the property the transferor loses all the interest in the property - If transferee is not impleaded, the other side..........
