Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of LRs of transferee - Eviction suit - Interest has devolved in favour of transferee after execution of sale deed by original landlord - Sale deed is having specific averment about pendency of SCC suit for arrears of rent and eviction - Since during pendency of suit proceedings, transferee died, his LRs were..........
Agreement to sell -- Specific performance - Readiness and willingness - Issue decided against plaintiff by holding that plaintiff had not given notice to defendant whereas plaintiff in his pleadings and in evidence clearly stated that he had asked several time to the defendant for execution of sale deed - Trial Court wrongly decided the issue - Suit decreed - Defendant..........
Indian Penal Code, 1860, Section 420, 467, 468, 471 -- Cheating - Quashing of proceedings - No allegations against accused that they are part of any conspiracy or acted in connivance with `N' for purchase of land which was duly recorded in her ownership at the time of registration of sale deed in their favour - Moreover, prior to registration of FIR, complainant had..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for cancellation of sale deed and permanent injunction - Property in question is a joint family property which has been sold without there being any partition - Suit thus, cannot be rejected merely on basis of plaint averments - Application rightly rejected...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by limitation - While considering application U.O.7.R.11 CPC only averments in plaint are to be seen - From the averments of plaint, Court is not satisfied that suit seeking cancellation of sale deed is hit by law of limitation - Application rightly dismissed...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for cancellation of sale deed and permanent injunction - Concurrent findings of facts recorded by two Court below that suit is hit by limitation being not filed for a period of more than 3 years from the date of knowledge of sale deed in question - Mutation of subject land was also recorded way back in the..........
Agreement to sell -- Specific performance - Defendant failed to execute sale deed within stipulated time - Condition specifically stipulated in agreement that in case of failure of seller to execute sale deed within stipulated time, buyer shall be entitled to double the amount given as an advance - Relief of specific performance rightly refused and decree for recovery of..........
Transfer of granted land -- Resumption/restitution - Father of respondent was granted land in 1957 and thereafter land was sold many times - Respondent attained age of majority in the year 1989, 10 years after the passing of Act of 1978 - However, respondent took no steps to seek annulment of sale made by his father in the year 1964 - Appellant is fourth in line of..........
Agreement to sell -- Specific performance - Plaintiff proved that he paid Rs.1,50,000 towards part sale consideration and executed the agreement and also paid a further sum of Rs.65,000 - However, defendants did not demarcate the suit property in terms of agreement of sale - Case of plaintiff was corroborated by PW2, who was present at the time of execution of agreement -..........
Agreement to sell -- Specific performance - Readiness and willingness - Time limit of six months is stipulated for demarcation of suit property before execution of sale deed by defendants - Burden was on defendants to perform the same - Plaintiff got issued a notice acknowledging the fact that time was essence of contract - There was no reply from defendants - Plaintiff..........
