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..........
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...........
Transfer of Property Act, 1882, Section 126 -- Gift deed - Revocation - Once the conditions of gift have been complied with, donor is divested of ownership rights in gifted land and as such donor cannot claim back ownership and possession of gifted land...........
Transfer of Property Act, 1882, Section 126 -- Gift deed - Revocation - Donor gifted the land to enable donee to construct a cinema hall on gifted land after obtaining permission under bye-laws regulating construction of cinema halls - Since donee has duly complied with conditions of gift by constructing a cinema hall on gifted land and operating it for about 47 years, it..........
Partition -- Plaintiff had no knowledge about execution of partition deed of 1990 as alleged by defendants - Moreover, plaintiff is not a party to said partition deed - Courts below has rightly held that defendants failed to establish that plaintiff has received a sum of Rs.10,000 towards her share - As regarding plea of ouster taken by defendants, in the absence 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..........
Companies Act, 1956, Section 397, 398 -- Jurisdiction of NCLT - Whether gift deed is valid or not - Determination of whether gift deed is valid or not is central to decision - NCLT thus, have full jurisdiction to decide whether gift deed is valid or not...........
Companies Act, 1956, Section 397, 398 -- Company petition - Oppression and mismanagement - Appellant was the victim of oppression and mismanagement for two reasons: first, that circumstances surrounding gift deed and subsequent transfer of shares are seriously questionable and must be declared invalid and secondly, board meetings have been conducted in a mala fide manner..........
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 does not confer a valid title on the plaintiff as it is not a deed of conveyance as per S.54 of the Act - At best, it only enables plaintiff to seek specific performance for execution of a sale deed and does not create an interest or charge on the suit property...........
