Contract Act, 1872, Section 55 -- Contract for sale of immovable property - Essence of time - In a suit for specific performance of contract in respect of immovable property, time would ordinarily not be the essence of the contract...........
Civil Procedure Code, 1908, Order 7, Rule 3 -- Immovable property - Description - Suit for declaration of title - Absence of proper description of suit land - Neither measurement in relation to settlement map given nor sketch map drawn to scale - Boundaries or extent of suit land also not mentioned - Plot number and boundaries also not disclosed when asked in cross..........
Hindu Succession Act, 1956, Section 8 -- Right of Reversioners - Suit for declaration by one of the revisioner that sale of ancestral immovable property not binding on revisionary rights - Suit decreed by Lower Appellate Court & High Court - Compromise entered between revisioner and alienee before Supreme Court - Subsequent suit by other heirs /revisioners claiming right..........
Succession Act, 1925, Section 370, 372 -- Succession certificate - Can be granted only in respect of debts and securities - Cannot be granted in respect of immovable property...........
Haryana Panchayati Raj Act, 1994, Section 175(n) -- Disqualification from the post of Sarpanch - Sarpanch in unauthorised possession of 'Gair Mumkin Rasta'- Eviction order passed by Assistant Collector Ist Grade - As per latest spot inspection and inquiry by Revenue Officer, Sarpanch continued to be in unauthorized occupation of Panchayat land - No person can continue as..........
Registration Act, 1908, Section 17(2)(vi), Civil Procedure Code, 1908, Order 21, Rule 1 -- Adjustment of decreetal amount - Registration of adjustment/compromise - Money decree - Judgment debtor can enter into a compromise to adjust the decreetal amount against the immovable property - Adjustment/Compromise will not require registration u/s Sec. 17(2)(vi) of Registration..........
Civil Procedure Code, 1908, Order 21, Rule 2 -- Execution of money decree - Whether J.D. can entered into compromise to adjust decretal amount against the immovable property. Held - Yes. It is open to J.D. to make the payment of decree in Court or to record the decree as adjusted...........
Transfer of Property Act, 1882, Section 58(d) -- Usufructuary mortgage - It is a transfer by the owner (Mortgagor) of an interest in an immovable property for securing the amount advanced/to be advanced by the creditor (Mortgagee), under which possession of property is delivered to the mortgagee with authority to retain such possession and enjoy the rents and profits..........
Transfer of Property Act, 1882, Section 58(d), 60 -- Usufructuary Mortgage - Right of Redemption - Concept explained - A usufructuary mortgage is transfer of an interest in immovable property by the owner (mortgagor) for securing the amount advanced by the creditor (mortgagee), under which possession of property is delivered to the mortgagee - Mortgagee enjoys the rents..........
Civil Procedure Code, 1908, Order 13, Rule 3 -- Document - Marking in evidence - Unregistered partition deed - Unregistered document though inadmissible as evidence of transaction affecting immovable property,c an be admitted for limited collateral purposes such as to know nature and character of possession of party to document - Failure to show any collateral purpose qua..........
