Agreement to sell -- Specific performance - Maintainability - Agreements to sell of different parcels of land - As the three Agreements to sell were a part of a series of transactions in respect of different parcels of land, all situated in the same village, suit as instituted, held, maintainable...........
Adverse possession -- Suit by plaintiff for declaration of title on the basis of adverse possession is not maintainable - Plea of adverse possession is available only to defendant by virtue of Art.65 of Limitation Act...........
Civil Procedure Code, 1908, Section 11, Order 7, Rule 11 -- Rejection of plaint - Res judicata - Partition suit - In the earlier suit issue of partition between parties had been finally decided - Second suit of partition of the same land is not maintainable - Plea of plaintiffs that partition was effected during their minority and it was unfair and unjust to the interest..........
Civil Procedure Code, 1908, Section 151, Order 23, Rule 3 -- Compromise decree - Setting aside - Forum - Regular appeal, miscellaneous appeal and a separate suit is not maintainable to challenge a compromise decree - Only remedy available to an aggrieved person, who wants to challenge the compromise decree is to approach the very same Court, which passed the compromise..........
Civil Procedure Code, 1908, Order 23, Rule 3A -- Compromise decree - Setting aside - Suit filed by plaintiff for setting aside compromise petition and consequential decree on the ground of fraud and misrepresentation, not maintainable in view of bar provided U.O.23.R.3A CPC - Suit rightly dismissed...........
Civil Procedure Code, 1908, Section 9, Order 7, Rule 11 -- Rejection of plaint - Jurisdiction of civil Court - Suit for declaration of sale deed as null and void - Where some reliefs claimed were relating to revenue entries, suit is not triable by Revenue Court - Civil Court would have jurisdiction to adjudicate the matter - Suit, held, maintainable before civil Court -..........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Non-disclosure of cause of action - Suit for declaration - Plaintiff despite claiming declaration, has not sought any relief for cancellation of sale deed - In the absence of relief of cancellation of said sale deed, suit itself is not maintainable as relief of declaration cannot be granted so long as..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration - Without claiming relief of possession - There is no averment of plaintiff being in possession which fact on the contrary having been asserted by defendant that they are in possession - Suit filed merely for declaration without claiming possession is barred u/s 34 of Act - Moreover, suit not valued for relief..........
Indian Penal Code, 1860, Section 420, 467, 468, 120B, 506 -- Cheating - Agreement to sell - Sale of property to third person - Property sold to subsequent vendees much after the relevant date to execute the sale deed - Question of any dishonest intention or cheating did not arise - Civil suit for specific performance already filed - Dispute between parties is purely of..........
Specific Relief Act, 1963, Section 37, 38 -- Prohibitory injunction - Plaintiff not in possession of suit land but filed a simpliciter suit for prohibitory injunction - Merely by adding the line in the prayer clause by plaintiffs that in case defendants are able to take possession of suit land during pendency of suit, suit may be treated as `a suit for possession', is not..........
