Succession Act, 1925, Section 284 -- Caveat - Probate proceedings - Claim for title on basis of registered deed of gift is beyond scope of probate proceeding - Petitioners thus, has no cavetable interest in proceedings...........
Agreement to sell -- Specific performance - Decree of specific performance passed and in the alternative defendant was to pay double of the earnest money - However, alternative relief of monetary payment allowed by executing Court, since there is no consensus ad idem on language of sale deed between parties - Executing Court rightly allowed alternative relief of monetary..........
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...........
Registration Act, 1908, Section 17, 49 -- Proviso - Un-registered release deed - Can be received in evidence only to that portion relating to bequest and marked only for limited purpose of establishing admission of defendants regarding bequest with a clear condition that un-registered release deed cannot be used as evidence of any transfer of interest in an immovable..........
Agreement to sell -- Specific performance - Laches - Defendant contended that suit filed by plaintiff after 33 months from date of execution of an agreement to sell suffers from laches - However, no date, time or period for performance of agreement to sell has been specified - In such circumstances, cause of action in favour of plaintiffs arose when defendants inspite of..........
Civil Procedure Code, 1908, Section 92 -- Public trust - Leave to file suit u/s 92 CPC - Defendants admitted execution of trust deed - Contention of defendants that they are using property for their own use and some shops have been let out and their names are recorded in Nagar Palika record does not confer any right or title on them - At the stage of grant of leave, prima..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for cancellation of sale deed and for permanent injunction - No privity of contract between plaintiffs and defendants - Decree of declaration of sale deed which is executed by defendant No.1 in favour of defendant Nos.2 & 3 does not give any cause of action to plaintiffs to institute suit seeking..........
Agreement to sell -- Specific performance - Real intention of parties was never sale of land but was to secure loan advanced by plaintiff to defendants during course of their transactions, as plaintiff was working as a commission agent - More so, despite a substantial payment out of sale consideration having been made as earnest money, still a long period of one year was..........
Registration Act, 1908, Section 17 -- Registration - Relinquishment deed - Where 23 guntas land is transferred by way of relinquishment, same requires compulsory registration in terms of S.17(2) of the Act...........
Agreement to sell -- Specific performance - Pleadings and evidence contradictory - Nothing in respect of oral agreement as stated by plaintiff in the agreement to sell Exh.35 - As per the pleadings, possession was handed over to him on the day of Gudi Padwa of the year 2006 - But document (Exh.35) itself shows that possession would be given to the plaintiff at the time of..........
