Transfer of Property Act, 1882, Section 54 -- Cancellation of sale deed on ground of fraud - Fraud has to be proved on basis of oral or documentary evidence - Plaintiff failed to adduce any evidence worth the name for the said purpose - Execution of sale deed proved in terms of S.68 of Evidence Act - Mutation proceedings also decided in favour of defendant - Lower..........
Partnership Act, 1932, Section 69 -- Unregistered partnership firm - Suit for declaration that partnership firm has come into existence and does exist and plaintiffs and defendant Nos.1 to 3 are partners thereof - Prayer not a relief for enforcement of any contract - Held, plaint is maintainable and not hit by bar of S.69 of the Act...........
Partnership Act, 1932, Section 69 -- Unregistered partnership firm - Suit for declaration of the tile of the Partnership Firm in respect of the suit property and does not seek to enforce any right in any contract by way of the present suit - Declaration is only in respect of a right and title already acquired by the Partnership Firm - Held, relief claimed is not hit by..........
Partnership Act, 1932, Section 69 -- Unregistered partnership firm - Suit for declaration that Joint Venture Agreement is null and void and not binding upon the plaintiff - Said agreement entered into by defendant No.1 in his purported capacity as the sole owner of the suit property - Partnership firm or any of the partners are not parties thereto - Relief claimed is based..........
Registration Act, 1908, Section 17A, Transfer of Property Act, 1882, Section 53A -- Agreement to sell - Compulsory registratio, An agreement by which possession of immovable property is delivered to the prospective vendee, requires registration to claim protection u/s 53 of Transfer of Property Act - In the instant case, possession of suit property was not delivered by..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Suit for permanent injunction - Dispute with regard to 6 feet wide pathway - Illegal construction in the nature of wall alleged to be made by defendant in the said pathway - The question whether defendant has a right over a six feet wide passage or whether the wall constructed thereon is valid and whether..........
Transfer of Property Act, 1882, Section 52 -- Bona fide purchaser - Principle of lis pendens - Applicability - Held, issue of bona fide purchaser to plead does not arise when transaction was during pendency of suit filed against their vendors - Principle of lis pendens u/s 52 of the Transfer of Property Act will out-weigh considerations of bona fide...........
Civil Procedure Code, 1908, Order 1, Rule 1, 3, Civil Procedure Code, 1908, Order 2, Rule 3 -- Joint trial - Circumstances requisite to allow joint-trial are (1) A common question of law or common question of fact must arise from all such suits and (2) In all such suits, the right to relief must be in respect of or arising out of same act or transaction or same series of..........
Civil Procedure Code, 1908, Order 34, Rule 14, Trusts Act, 1882, Section 90 -- Redemption of mortgage - Entitlement to - Mortgagee filed money suit and in execution of money decree, mortgaged property was sold which was purchased by mortgagee - Held, relationship of mortgagor and mortgagee continues to subsist even thereafter - His purchase is only in trust for mortgagor -..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Suit for permanent injunction - Amendment sought to seek alternative relief of possession - There is no embargo on the plaintiff claiming such an alternative relief - Unless the prayer sought to be made by way of amendment is barred by law, Court shall make a liberal approach in allowing the application..........
