Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23(1) -- Cancellation of transfer deed - Property in question transferred from mother to son by playing fraud - Son neglected his mother and not providing basic amenities despite fact that property was transferred in his name - Mother who is 76 years old suffering from various ailments - Transfer deed..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Injunction - Restraining registering authority to register a document - Registering authority can be injuncted from restraining a deed of conveyance or any other document affecting right/interest in a property only if an injunction order by a civil Court or an order of High Court is in operation imposing restraint on..........
Limitation Act, 1963, Article 54 -- Limitation - Suit for specific performance - Where no period, time or date for execution and registration of sale deed is stipulated by parties while executing agreement to sell, limitation would begin to run only if plaintiff has a notice of fact that performance has been refused as per second part of Art.54 of the Act...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendants from further alienating property to third parties pending disposal of partition suit - Property in question is ancestral property as admitted by both the parties - Defendant thus, cannot sell entire joint property unless there is specific authority conferred on him by them to..........
Transfer of Property Act, 1882, Section 107, 106 -- Termination of lease - If a registered lease deed is executed and if no option is reserved to landlord to determine lease, lease stands terminated by efflux of period mentioned therein and not at the unilateral option of landlord...........
Transfer of Property Act, 1882, Section 107, 106 -- Termination of lease - Lease deed executed for a fixed period of 30 years - Rent payable annually - Lease shall be deemed to be yearly lease with secured terms of 30 years - Quit notice issued by landlord by granting 15 days notice is contrary to S.107 of the Act, as termination of lease can be made only by issuing a quit..........
Agreement to sell -- Specific performance - Agreement of sale was executed in 1980 - Issue with regard to price of land - Defendants never pleaded categorically as to what was price of land at the relevant time and he did not even establish or prove as to what was price of adjacent land - Defendants did not file any other sale deed of adjacent land to suit land -..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration that gift deed in favour of defendant is null and void - Plaintiff contended that gift deed in question is forged, as original owner was not alive at the time of execution of gift deed - However, no evidence produced in support of such fact - Story as implanted by plaintiffs has not been found believable by fact..........
Registered deed -- Unilateral cancellation of registered deed - Once a registered deed is executed in favour of a party, original owner is divested of title to property - Executant cannot take a U turn and subsequently cancel the same unilaterally - If executant is aggrieved, only remedy available for him/her is to approach competent civil Court by way of a suit seeking..........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Restraining defendants from interfering with plaintiffs right to construct a compound wall as per Partition deed of 1963 - There is no time limit prescribed under said partition deed for plaintiffs to put up compound wall - Plaintiffs exercised their right to put up compound wall only in the year 1994 -..........
