Transfer of Property Act, 1882, Section 54 -- Sale deed - On execution and registration of a sale deed containing recitals regarding payment of consideration and delivery of possession, sale is complete even if sale price is not paid and therefore it will not be possible to cancel the sale deed in its entirety - However, exception to said rule is the practice of ta khubzul..........
Transfer of Property Act, 1882, Section 54 -- Sale deed - Unilateral cancellation of sale deed by defendant no.1 - Entire right, title and interest of defendant no.1 in suit property has been transferred to plaintiff vide sale deed - Plaintiff has taken over suit properties with liabilities as set out in sale deed - Unilateral cancellation of sale deed not binding on..........
Agreement to sell -- Specific performance - Agreement in question was contingent upon the fact that once defendants were conferred with Bhumidari rights they would execute sale deed in favour of plaintiff - Plaintiff issued two notices after bhumidari rights were conferred upon defendants, which was not responded - Entire sale consideration was already paid - Now there is..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration that sale deed is null and void - Suit is not maintainable without seeking possession, when plaintiff is not in possession...........
Limitation Act, 1963, Article 59 -- Limitation - Suit for cancellation of sale deed - Ownership of suit property was already with defendant nos. 3 & 4 who claims to be bonafide purchasers at the time of filing of suit - Limitation to file suit expired - Defendant nos. 3 & 4 being bona fide purchasers cannot be put to loss or made to suffer because of lapses in functioning..........
Stamp Act, 1899, Section 47A -- Proceedings u/s 47A of the Act can be initiated within a period of 3 years from the date of execution of sale deed...........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Suit for permanent injunction simpliciter filed by plaintiff is not maintainable in the absence of any prayer for declaration of his title especially when defendant's title has been proved by registered sale deed and her possession has been proved...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for permanent injunction - Plaintiff claims title through unregistered documents - However, sale deed executed by defendant no.2 in favour of third defendant is a registered one - Plaintiff has not proved a valid title to suit property - No steps taken by plaintiff to cancel the registered sale deed in favour..........
Civil Procedure Code, 1908, Section 73 -- Rateable distribution - U/s 73 CPC what is relevant is rateable distribution which stands for applying equity among DHs by distributing assets/sale proceeds by working out equity based on principles of rateable distribution with rateable sufferance...........
Specific Relief Act, 1963, Section 38, Transfer of Property Act, 1882, Section 54, Registration Act, 1908, Section 17, Evidence Act, 1872, Section 90, Civil Procedure Code, 1908, Section 100 -- Suit for permanent injunction - Categorical findings recorded by trial Court that plaintiffs were able to establish their ownership over subject property, as same was purchased by..........
