Agreement to sell -- Suit for specific performance - Without seeking relief of cancellation of sale deed executed by vendor in favour of subsequent purchaser - It is not always obligatory for vendee/plaintiff to seek cancellation of sale deed executed in favour of subsequent buyer - However, plaintiff can join such buyer as co-defendant with original vendor provided that..........
Agreement to sell -- Suit for specific performance - Without seeking relief of cancellation of sale deed executed by vendor in favour of subsequent purchaser - Where subsequent purchaser in paying the money lacked in good faith and purchased the subject property despite knowledge of original contract, there is no need for plaintiff to seek cancellation of sale deed in..........
Specific Relief Act, 1963, Section 37, 38 -- Suit for permanent injunction - Maintainability - Once plaintiff has failed to get any substantive relief of cancellation of sale deed and declaration relief, then consequential relief of permanent injunction must fail and plaintiff is not entitled to any permanent injunction against true owner...........
Registration Act, 1908, Section 49 -- Proviso - Scope - S.49 Proviso of the Act can only be invoked in cases of suit filed for specific performance and not in the suit in nature of declaration, permanent injunction and cancellation of sale deed, as same is not a collateral transaction...........
Civil Procedure Code, 1908, Section 9 -- Jurisdiction of civil Court - Suit for cancellation of sale deed - Agricultural land - Where a suit for cancellation of sale deed in respect of an agricultural property does not require any declaration of rights, same is cognizable by Civil Court but where cancellation would involve declaration of rights, then such a suit for..........
Specific Relief Act, 1963, Section 31 -- Suit for cancellation of sale deed - Defendant contended that sale deed executed on 15.4.1971 - Onus is on defendant to establish the execution of sale deed on said date - However, no evidence led in support of such fact - More so, sale deed was executed in favour of plaintiff also and original owner of sale deed during his lifetime..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration of title on the basis of Hiba - Written hibanama was preceded by oral hiba - Suit filed without seeking relief of cancellation of registered sale deed favouring defendant - Not maintainable, as suit was barred in terms of S.34 Proviso of the Act...........
Agreement to sell -- Specific performance - Execution of sale deed in favour of subsequent purchaser - Plaintiff is not required to seek cancellation or declaration of sale deed in favour of third party - If suit for specific performance is decreed then original vendor and third party purchaser/subsequent purchaser is required to join and execute sale deed in favour of..........
Civil Procedure Code, 1908, Section 9 -- Jurisdiction of civil Court - Suit for rectification of sale deed and for declaring the sale deed of defendants No.5 to 8 null and void - There was no question of adjudication of bhumidari rights - An executant or his successor can file suit in Civil Court for cancellation of void instrument...........
Hindu Minority and Guardianship Act, 1956, Section 8 -- Sale of minor's property by father in contravention of S.8(2) of the Act - Suit for declaration, possession and permanent injunction filed by minor after attaining majority without seeking relief of cancellation of sale deed in question not maintainable - Suit rightly dismissed...........
