Civil Procedure Code, 1908, Order 21, Rule 84, 85 -- Auction sale - Mere registration of a deed, if procured in consequence of a sale which was void for want of compliance with O.21 CPC, cannot retroactively confer validity on proceedings which were statutorily defective ab initio - Law does not permit procedural ratification to be manufactured by subsequent events when..........
Agreement to sell -- Specific performance - Plaintiffs paid more than 95% of sale consideration well within time - Sale agreement was executed by defendant Nos. 2 to 4 in favour of plaintiffs well prior to cancellation of power deed in their favour - Hence, there is no need to go into the question of validity of cancellation of power deed - Pre-suit notice was issued..........
Hindu Adoptions and Maintenance Act, 1956, Section 16(2) -- Proviso (As amended in State of UP) - Adoption deed - Adoption deed is a notarized deed and not a registered deed in accordance with law - Said deed cannot be relied upon - Contention that secondary evidence of such document shall be admissible in view of S.16(2) Proviso of the Act, rejected, as secondary evidence..........
Limitation Act, 1963, Article 54 -- Limitation - Suit for specific performance - Time to fulfill contract to execute sale deed not mentioned in agreement to sell - Though original date of agreement is 22.08.1994, plaintiff approached defendant nos. 1 to 3 demanding them to execute sale deed on 09.06.2003 and same was denied by defendants, suit was filed on 26.06.2003 -..........
Civil Procedure Code, 1908, Section 151 -- Additional evidence - Documents proposed to be produced as additional evidence are only certified copy of sale deed and revenue record which are per se admissible - Application allowed...........
Commercial Courts Act, 2015, Section 2(1)(c)(vii) -- Commercial dispute - No dispute regarding agreement relating to immovable property - There is no pleading to the effect that immovable property is being used exclusively in trade or commerce - Civil Court thus, has jurisdiction to decide the suit for declaration on basis of registered sale deed...........
Limitation Act, 1963, Article 59 -- Limitation - Suit for declaration that sale deed in question is null and void - Plaintiff had never executed sale deed in first place as it was proved that it was not her thumb impression that was affixed therein - She had not received sale consideration - In such circumstances and in absence of sale consideration being tendered, sale..........
Limitation Act, 1963, Article 65 -- Limitation - Suit for declaration that sale deed in question is null and void - Plaintiff had claimed relief of joint possession - Sale deed in question was void - Plaintiff could not be said to have executed sale deed - Therefore, plaintiff could indeed have maintained an action to obtain possession of property on the basis of her title..........
Insolvency and Bankruptcy Code, 2016, Section 62 -- Apartment buyers agreement - Delay of handing over possession - Appellants are bona fide home buyers having booked an apartment with Corporate Debtor as far back as 2010 and having executed a Buyer's Agreement in 2011 and paid nearly entire consideration - Claim of appellants duly verified and admitted by Resolution..........
Specific Relief Act, 1963, Section 39 -- Suit for mandatory injunction seeking direction to defendant to execute sale deed in favour of plaintiff on the basis of agreement to sell in his favour - Plaintiff filed suit for mandatory injunction instead of suit for specific performance as such suit is not maintainable - Furthermore defendant Nos.1 & 2 executed sale deed in..........
