Civil Procedure Code, 1908, Section 151 -- Additional evidence - Documents proposed to be produced as additional evidence are only certified copy of sale deed and revenue record which are per se admissible - Application allowed...........
Commercial Courts Act, 2015, Section 2(1)(c)(vii) -- Commercial dispute - No dispute regarding agreement relating to immovable property - There is no pleading to the effect that immovable property is being used exclusively in trade or commerce - Civil Court thus, has jurisdiction to decide the suit for declaration on basis of registered sale deed...........
Specific Relief Act, 1963, Section 39 -- Suit for mandatory injunction seeking direction to defendant to execute sale deed in favour of plaintiff on the basis of agreement to sell in his favour - Plaintiff filed suit for mandatory injunction instead of suit for specific performance as such suit is not maintainable - Furthermore defendant Nos.1 & 2 executed sale deed in..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for specific performance - Petitioners claimed that prior agreement to sell was executed in their favour before execution of present agreement to sell - Certain portions of land are also stated to have transferred to them by way of different sale deeds - Some litigation is stated to be pending..........
Civil Procedure Code, 1908, Order 41, Rule 6 -- Stay of execution - Petitioner filed appeal during pendency of execution of judgment and decree - However, property of petitioner is attached which amounts to security in execution - Once property of petitioner is attached, he cannot alienate or sell the same - Further on the day of dismissal of application U.O.41.R.6 CPC,..........
Agreement to sell -- Specific performance - Sale deed not executed despite payment of entire sale consideration - Plea that sale deeds were not allowed by Government not supported by any evidence - Dismissal of suit calls for no interference...........
Agreement to sell -- Suit for specific performance - Execution of sale agreement and payment of advance amount itself is doubtful - Relief of specific performance not granted - Plaintiff would not be entitled to any relief, unless and until such relief was asked for by plaintiff - A decree directing return of advance amount without any alternative prayer for the return of..........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration on basis of adverse possession and permanent injunction - Plaintiff has relied upon agreement to sell to prove her ownership over suit property - However admittedly, said agreement was not proven on record in terms of S.64 of Evidence Act - Original agreement was never produced by plaintiff - Even no..........
Transfer of Property Act, 1882, Section 54 -- Sale - In sale for an immovable property value of which exceeds Rs.100, three requirements of law are that transfer of property of sale must take place through a validly executed sale deed i.e., it must be in writing, properly attested and registered...........
Transfer of Property Act, 1882, Section 54 -- Sale - Agreement to sell - S.54 of the Act in its definition of sale does not include an agreement of sale which neither confers any proprietary rights in favour of transferee nor by itself create any interest or charge in the property...........
