Sale deed -- Mistake in description of properties or boundaries - It is duty of both parties to the contract for sale of land, to take care while mentioning description of properties in the sale-deed - If there is any mistake in description of properties or boundaries in sale deed the same cannot be said to be a mistake of one party and not of both the parties to such..........
Sale deed -- Mistake in description of properties or boundaries - Not a mistake of one party - Either party may institute a suit for correcting the description of suit property...........
Civil Procedure Code, 1908, Order 6, Rule 17 - - Amendment of plaint at appellate stage - Amendment sought will help in identification of property - Amendment will not change the cause of action or alter the subject matter - Subject matter of suit will remain the same except that its boundaries would not stand specified thus leading to the dispute between parties to be..........
Civil Procedure Code, 1908, Order 7, Rule 3 -- Description of suit property - O.7.R.3 CPC is not mandatory - Defect in description can also be cured in execution proceedings, however for passing of an effective decree, it is necessary that in every suit, where relief of possession is claimed in respect of immovable property, a plaint map should be filed showing location,..........
Civil Procedure Code, 1908, Order 7, Rule 3 -- Description of suit property - Suit for permanent injunction - Plaintiff purchased suit land by virtue of sale deed - However, boundaries as given in sale deed, do not tally with boundaries as mentioned in plaint - Plaintiff has not taken care to place on record a plan/sketch or apply for inspection and measurement by any..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Rent and eviction - Non-payment of rent - Plea of tenant is that landlord is not proved to be owner as sale deed on basis of which landlord claims title, does not pertain to demised premises - However, there is no denial by tenant of fact that a rent note was executed between him and original owners of demised..........
Eviction -- Arrear of rent - Plaintiffs filed suit claiming possession and ejectment of defendant no.1 - Defendant no.2 claimed that he is owner in possession and he had purchased the same from `J' and plaintiffs are neither owners nor in possession over the shop which defendant purchased by virtue of sale deed - However, perusal of decree passed in favour of `J' and `R'..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Advocate Commissioner - Can be appointed in suit for bare injunction - However, such an appointment must be only in cases where it is necessary for localising the property, when there is a dispute regarding boundaries or there is an attempt made to alter the physical features of the property etc. - In a suit for bare..........
Practice and procedure -- Remarks against Presiding Officer - High Court can definitely say that order passed shows total lack of knowledge of law - But when High Court went further and virtually castigated the judicial officer as an unworthy and corrupt person then High Court, over-stepped its boundaries and such remarks need to be expunged...........
Transfer of Property Act, 1882, Section 48 -- Priority of rights created by transfer - Two sales deed in single plot - There is no whisper regarding membership or allotment date of scheduled property - Documentary evidence reveals about boundaries of schedule property, his application and issuance of sale certificate and also same being registered - Even, documentary..........
