Co-owner -- Non demarcation of suit property - Construction of compound wall, within suit property, to protect suit property from further encroachment - Construction of such compound wall not likely to adversely affect the defendants - Permission granted upheld - However, construction of compound wall must confirm to the mandate of municipal laws and other compliance in..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2.O -- Temporary injunction and appointment of receiver - Property ordered to be put on public auction by appellate Court in an appeal against order granting temporary injunction and appointing receiver - None of the parties did suggest the disposal of suit property by public auction - Neither any exceptional circumstances nor..........
Specific Relief Act, 1963, Section 34, Civil Procedure Code, 1908, Section 100 -- Suit for declaration and joint possession - Second appeal - Plaintiff failed to prove nature of property in view of prayer made by him in suit - Suit property is not ancestral property as contended by plaintiff - Concurrent findings of Courts below by dismissing suit is based on oral and..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 467, 468, 506, 120B -- Cheating - Quashing of proceedings - Allegation that co-sharer executed sale deed in favour of petitioner in excess of his share - As per material on record no fraud or deception has been caused by petitioner or co accused on informant - Dispute is purely of civil..........
Partition -- Joint family property - `B' scheduled property proved to be ancestral property acquired by father of parties in partition between father and his brothers - Thus, plaintiffs entitled to share in said property - Suit partly allowed to extent of `B' scheduled property...........
Agreement to sell -- Specific performance - Limitation - Defendant expressed his unwillingness to register the property in the year 1997 - Limitation to file suit is three years from the date of refusal by defendant - Suit filed in the year 2008 - Suit is barred by limitation. (Specific Relief Act, 1963, S.54)...........
Agreement to sell -- Specific performance - Clean hands - Suppression of material facts of issuing notice, reply notice and also final notice - Contention of plaintiff that original title deed not handed over to her also found to be false from her own statement - Entire pleadings as well as documents filed by both sides, clearly prove the fact that plaintiff has not come..........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit with liberty to file fresh suit - Plaintiff wants to convert the suit for permanent injunction to specific performance on the basis of agreement to sell - Originally suit for permanent injunction filed against President and Secretary individually - Appropriate party would be society represented by its..........
Transfer of Property Act, 1882, Section 58(c) -- Mortgage by conditional sale or sale with a condition to repurchase - Nature of document - Document in question is a mortgage with conditional sale for the following reasons: (i) plaintiff was owner of suit land; (ii) transaction is concluded in one document; (iii) document styled as a `Deed of conditional sale'; (iv) it..........
Limitation Act, 1963, Article 61(a) -- Limitation - Suit for redemption of mortgage - Mortgage deed executed in 1969 for five years - Five years expired on 1974 - Period of limitation u/art 61(a) of the Act is 30 years when right to redeem or to recover possession accrues to mortgagor - Plaintiff filed the suit in 1987, thus suit filed within 30 years - Suit is not barred..........
