Adverse possession -- Suit for declaration and injunction - Defendants claiming adverse possession on basis of unregistered sale deed of suit property valued more than Rs.100 - Compulsorily registerable document not registered could not be relied upon in evidence - There cannot be finding on adverse possession when claim is based on a document inadmissible in evidence -..........
Specific Relief Act, 1963, Section 16, 19, Transfer of Property Act, 1882, Section 52 -- Suit for specific performance - Defendant was allotted and put in possession of suit land by BDA - Defendant entered into agreement with the plaintiff promising to execute a sale deed in his favour within three months of getting the sale deed from the BDA - Non-execution of agreement..........
Suit for possession -- Sale deed executed in favour of plaintiff regarding suit property - Defendant contended that suit property was procured from Joint Hindu Family Funds, thus, same is treated as Joint Hindu Family Property - There has been no challenge to the sale deed in question - More so, when vendor of plaintiff executed the sale deed and he never assailed any..........
Transfer of Property Act, 1882, Section 54 -- Sale deed - When delivery of possession was effected in furtherance of sale deed, it would amount to notice to all concerned...........
Transfer of Property Act, 1882, Section 53A -- Part performance - Agreement to sell - Failure of transferee to send a notice calling upon transferor to execute sale deed demonstrates that he was not ready and willing to perform his part of contract - Transferee not entitled to get possession over suit property u/s 53-A of the Act...........
Transfer of Property Act, 1882, Section 53A -- Part performance - Agreement to sell - Suit for permanent injunction and restoration of possession - Defendant/transferee has taken possession of suit property in part performance of contract - However, defendant not pleaded that he is ready and willing to perform his part of contract - Defendant ought to have sent a written..........
Civil Procedure Code, 1908, Section 152 -- Amendment of decree - Decree for specific performance - Description of property found different during execution proceeding - Court Amin made an endorsement and returned warrant of delivery of possession in respect of suit property for the reason that description of property differs from sale deed executed in favour of plaintiff -..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Parties to lis are joint owners of suit land - Plaintiff became co-owner of suit land by way of sale deed in his favour - But plaintiff has not been able to prove that at the time of execution of sale deed, he was given exclusive possession of suit property - Plaintiff thus failed to show prima facie..........
Adverse possession -- Plaintiffs claiming exclusive ownership with regard to property in question based upon an oral agreement to sell purported to be executed by defendant in favour of their predecessor-in-interest - Possession of plaintiff is thus, permissive in nature - In absence of any deed of title much less deed of registered sale and in absence of specific plea of..........
Civil Procedure Code, 1908, Order 21, Rule 95, Limitation Act, 1963, Article 134 -- Auction sale - Delivery of possession of property not asked within statutory period of one year by auction purchaser - Auction purchaser has no right to file a fresh suit for enforcing delivery in execution - However, suits which do not offend u/s 47 CPC and suits for possession on strength..........
