Court Fees Act, 1870, Section 7(iv) -- Court fee - Suit for declaration of title, permanent injunction as well as declaring sale deed as null and void - Plaintiff is a party to transaction, who is trying to avoid sale deed by alleging that same was got executed by playing fraud - Order directing plaintiff to pay ad valorem Court fee is proper...........
Indian Penal Code, 1860, Section 420, 323, 504, 506 -- Cheating - Quashing of order framing charge - Dispute regarding purchase of land - Accused and his family members approached informant for purchase of his land and informant agreed to purchase the same - After execution of agreement of sale, accused did not deliver documents required for execution of sale deed to..........
Tamil Nadu Buildings (Lease and Rent Control) Act, 1960, Section 10(2)(i), 10(2)(ii) -- Eviction petition - In said petition, partition deed was filed - Perusal of order passed by Rent Controller would go to show that R.C.O.P itself has been filed for eviction and in said petition partition deed was marked - Since rights of party has been given effect to in said document..........
Evidence Act, 1872, Section 114 -- Adverse inference - Non production of sale deed on which plaintiff founds its right - However, defendants produced a certified copy of said sale deed before trial Court - There is thus, no occasion for trial Court to draw any adverse inference against plaintiffs, when the suit is at an interlocutory stage, as document is otherwise..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence - Right of pre-emption - Sale deed has come in existence during pendency of present 1st appeal and it was never sought to be produced before 1st appellate Court despite the fact that after its execution, 1st appeal remained pending decision for about 4 years and 9 months - Moreover, it is not mentioned or..........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 22, Rule 10 -- Amendment of plaint - Suit for specific performance - Sale during pendency of suit - Amendment of plaint sought to assail such sale and its cancellation - Subsequent vendee was impleaded as a party with specific stipulation that it was being impleaded as assignee of defendant and..........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration and permanent injunction on the basis of sale deed - Plea of defendant that full consideration was not paid - Execution of sale deed not denied by defendant - All the right, title and interest over the suit property stand transferred in favour of plaintiff even if case of defendant is accepted that plaintiff..........
Civil Procedure Code, 1908, Order 7, Rule 11(d), Limitation Act, 1963, Article 59 -- Rejection of plaint - Barred by limitation - Suit for cancellation of sale deed for non payment of entire sale consideration - Plaintiff not taking recourse to legal action for over a period of 5-1/2 years for payment of balance sale consideration, reflects that institution of suit is an..........
Civil Procedure Code, 1908, Order 7, Rule 11(a) -- Rejection of plaint - Cause of action - Suit for cancellation of sale deed for non payment of entire sale consideration - Not a ground for cancellation of sale deed - Plaintiff has other remedies to recover the balance sale consideration - Relief of cancellation of registered sale deed cannot be granted - Suit is..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party in appeal - Suit for cancellation of sale deed and permanent injunction - Application for impleadment rejected on the ground that plaintiff sought impleadment on the basis of sale deed which stands cancelled by Trial Court - However, said reasoning is incorrect, as sale deed is not cancelled so far -..........
