Land Acquisition Act, 1894, Section 18, 51A -- Acquisition of land - Compensation - Collector awarded compensation of Rs. 2, 550/- per Acre treating acquired land as 'Wet Land' - Reference court enhanced compensation to Rs.13, 500/- per Acre holding that the acquired land had tremendous potential value, near to residential colony, number of Government and Private..........
Land Acquisition Act, 1894, Section 51A -- Proof of document - High Court reduced the market value of acquired land holding that no reliance can be placed on the sale deeds as none of the parties have been examined - View of the High Court contraray to the decision of the Constitution Bench in Cement Corporation of India Ltd. v. Purya 2004(8) SCC 270, wherein it was held..........
Rent and Eviction -- Relationship of landlord and tenant - Sale of property which was occupied by tenant - Tenant becomes tenant of purchaser of property...........
Civil Procedure Code, 1908, Order 21, Rule 95, Limitation Act, 1963, Article 134 -- Auction sale - Delivery of possession - Limitation - One year - To be computed from the date on which sale becomes absolute and not from the date the sale certificate is issued...........
Limitation Act, 1963, Article 54, Specific Relief Act, 1963, Section 16 -- Agreement to sell - Suit for specific performance - Agreement dated 10.3.1989 and suit filed on 15.9.1995 - Prior to plaintiff's suit, a suit for specific performance filed by third person against defendant - Court granted interim stay in that suit - Agreement in question stipulated that sale deed..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Dispossession during pendency of suit - Suit for cancellation of sale deed and injunction - Suit filed in 1982 and dispossession alleged to be in 1983 and amendment claiming relief of possession sought in 1996 - Amendment sought highly belated - Application dismissed...........
Punjab Pre-emption Act, 1913, Section 15, 21A, 28A(as - - Pre-emption - Defendant-appellant purchased the suit land by two sale deeds dated 05.01.1989 and 19.12.1989 - The first sale deed has been successfully challenged by plaintiff-respondent by filing civil suit instituted on 05.01.1990 - Second sale has been made subject matter of challenge on 06.11.1990 - First suit..........
Transfer of Property Act, 1882, Section 58(c) -- Simple mortgage - Three items of property given as security - Plaintiff unable to discharge simple mortgage and at the intervention of Panchayatdars plaintiff executed a deed whereby one property sold to defendant with a right reserved to repurchase same within a period of three years on payment of Rs.3, 000/- - Suit for..........
Transfer of Property Act, 1882, Section 54 -- Sale - Executed as security for loan - Title and interest remain with the owner who can repossess the property on repayment of loan - Separate agreement executed by parties to reconvey the property on repayment of loan does not ipso facto lead to the conclusion that sale is not nominal...........
Transfer of Property Act, 1882, Section 54 -- Nature of transaction - Nominal sale deed - Plaintiff took loan of Rs. 400/- - Sale deed executed as surety in favour of Defendant - Agreement with regard to reconveyance of property on repayment of loan amount within 3 years also executed - Plaintiff failed to repay the loan - Mutation of property entered in favour of..........
