Agreement to sell -- Specific performance - Suit for - Sale deed was to be executed after partition - Order of partition made on 16.11.1970 and Sanad Taqseem prepared on 20.4.1971 and mutation sanctioned on 15.6.1971 - Limitation to file suit starts to run on 15.6.1971...........
Co-owner -- Court passed interim order requiring parties to maintain status quo in a suit for prohibitory injunction to restrain defendants from effecting construction on joint land and in case defendants succeeded in effecting construction that structure be demolished and land restored to its original position-Finding that plaintiffs joint owners and also in joint..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration to be owner in possession - Sale deed in the year 1964 in favour of plaintiff and sale deed in the year 1971 in favour of defendant - Actual possession not reflected in the revenue record in favour of plaintiff - There is also no copy of mutation in favour of the plaintiff incorporating any change in ownership -..........
Agreement to sell -- Suit for specific performance - Time is not essence of contract unless specifically provided - Mutation in favour of vendor sanctioned but notice thereof not given to vendee though required under agreement - Vendor also not calling upon vendee to get sale deed executed - Conduct of vendor shows that according to him time was not essence of the..........
Limitation Act, 1963, Article 54 -- Suit for specific performance - Limitation - No specific date fixed for execution of sale deed but the same was to be executed within six months of sanctioning of mutation in favour of vendor - Limitation would commence from date of sanction of mutation...........
Punjab Land Revenue Act, Section 34, 35, 36, 37 -- Mutation on the basis of registered sale - deed - Sale by co-sharer qua his/her share-Vendee becomes co-sharer qua other co-sharers by virtue of sale - deed - Other co-sharers cannot object to sanctioning of mutation in favour of vendee - co-sharer on the ground that physical possession has not been transferred - Even..........
Punjab Land Revenue Act, Section 34, 35, 36, 37 -- Mutation on the basis of registered sale - deed - Title transferred through sale - deed - Sale - deed if valid - No authority with Revenue Officer to deny sanctioning of mutation...........
Punjab Land Revenue Act, Section 34, 35, 36, 37 -- Mutation on the basis of registered sale - deed - Objection that unless possession is transferred mutation cannot be effected and sale - deed cannot be acted upon - Not tenable - Possession deemed to be transferred if - (i) physically transferred, or (ii) mention to that effect made in sale - deed, and/or (iii) parties..........
Punjab Land Revenue Act, 1887, Section 34, 35, 36, 37 -- Mutation on the basis of registered sale deed - Revenue Officer required to determine right/title of vendor - No mutation of ownership can be sanctioned on the basis of possession only...........
Punjab Land Revenue Act, 1887, Section 34, 35, 36, 37 -- Mutation on the basis of registered sale deed - Sale deed purporting to transfer land owned by Mushtarka Malkan - Co - sharer cannot transfer more than his share in joint land - Vendor failed to show extent of share in joint holding and exclusive possession of Khasra Nos. sought to be alienated - Mutation of..........
