Limitation Act, 1963, Article 59 -- Sale deed - Cancellation - Limitation three years - Limitation starts to run from date on which fact of registration of sale deed became known to party - Dismissal of suit on ground of limitation without giving opportunity to a party to adduce evidence to show as to when he came to know of registration - Held, Court not justified in..........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Agreement to sell - Sale deed to be executed on 10.7.96 - Suit for permanent injuction filed before the stipulated date - Subsequent suit for specific performance - Right to enforce specific performance accured only after date stipulated for execution of sale deed - Suit not barred under Order 2 Rule 2...........
Punjab Land Revenue Act, 1887, Section 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122 -- Partition Proceedings - Deviation from prescribed procedure - Naksha `Bay' and Naksha `Zeem' sanctioned on same date without inviting objections - Order of AC IInd Grade patently wrong - Naksha `Zeem' has to be got prepared after sanctioning of Naksha `Bay' and all the..........
Civil Procedure Code, 1908, Section 151, Order 21 -- Ejectment - Execution of decree - Police Aid - Practice & Procedure - Suit for ejectment filed in 1991 - Decreed - High Court granted time to tenant to vacate premises - Order challenged in SLP - Held - For delivering possession, if the Executing Court requires any armed force to be deputed, the same shall be..........
Transfer of Property Act, 1882, Section 58(c) -- Mortgage by conditional sale - Ingredients - Transaction must be an ostensible sale and evidenced by one document - Must contain condition that on default of payment of mortgage money on certain date, the sale shall become absolute or on payment of such money the sale shall become void or on payment of such money buyer shall..........
Transfer of Property Act, 1882, Section 58(c) -- Mortgage by conditional sale - Property mortgaged - Sold to plaintiff with a right to redeem the mortgage - Suit for redemption & mesne profit - Defendant contending that instrument in his favour is a deed of sale with a condition of purchase - Decreed by trial Court holding instrument to be a mortgage with conditional sale..........
Civil Procedure Code, 1908, Section 35B -- Costs - Not demanded on the next following date - Defendant is deemed to have waived the right to get the suit dismissed...........
Agreement to sell -- Suit for specific performance - Limitation - Three years - When no date for enforcing specific performance is fixed then suit instituted within three years from the date when performance is refused, is not barred by limitation. (Limitation Act, 1963, Art.54)...........
Agreement to sell -- Specific performance - Ready and willing - Suit filed immediately after the expiry of the stipulated date - - This does not justify the readiness and willingness particularly when the time is stipulated as five months for completion of the transaction and plaintiff does not even call upon defendant to perform his part of contract and in turn it was..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Power of attorney holder - It is not required to record the sworn affidavit of complainant also on a future date to enable the Court to exercise its discretion u/ss 202 & 203 of Cr.P.C...........
