Agreement to sell -- Subsequent transfer - Subsequent transferee with notice holds property in trust for prior agreement holder - Prior agreement holder cannot automatically become the owner by seeking declaratory relief - He has to file suit for specific performance impleading both vendor and subsequent transferee. (Transfer of Property Act, 1882, S.40, 52, Indian Trusts..........
Civil Procedure Code, 1908, Section 10 -- Parties in two suits not common but substantially different, property involved in earlier suit not directly involved in any way in subsequent suit, issue in earlier suit simpliciter inheritance to property of deceased while in subsequent suit challenge to sale deed executed by attorney of deceased - Not possible to come to the..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Subsequent events to institution of suit so far as they are in consonance with original cause of action - Should be permitted to be brought on record - Suit for declaration and permanent injunction claiming to be owner in possession and restraining defendants from interfering in peaceful possession -..........
Agreement to sell -- Suit for specific performance - Entire sale consideration paid at the time of agreement and possession also delivered - Notice demanding execution and registration of sale deed sent on getting knowledge of subsequent illegal agreement - Receipt of notice refused by defendant - Plaintiff has shown that he was always ready and willing to perform his part..........
Civil Procedure Code, 1908, Order 23, Rule 3A -- Conditions precedent to bring bar constituted under Order 23 Rule 23 - A for rendering subsequent suit not maintainable : (i) there has to be a lawful compromise between the parties, (ii) compromise should be in writing and signed by the parties, (iii) such compromise should be recorded in the Court upon the statements of..........
Civil Procedure Code, 1908, Section 92, Order 1, Rule 8 -- A suit under S.92 can be filed only with prior permission of the Court - That is not so in the suit filed U.O.1.R.8 - In a suit U.O.1.R.8 CPC, permission of the Court can be obtained subsequently - Subsequent permission under O.1.R.8 will cure the defect, but, the suit required to be filed after obtaining the leave..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Suit for specific performance of agreement to sell - During pendency of suit defendant suffered a decree in favour of `Ramesh Kumar & Ors.' - Amendment of plaint sought contending that the decree suffered by the defendant is not binding on him and also that the decree is hit by lis pendens and seeking to..........
Transfer of Property Act, Section 52 -- Lis pendens principle, applicability of - Property when transferred by suffering a decree subsequent to filing of suit by plaintiff - Principle of lis pendens will apply - Even without getting the plaint amended, plaintiff can contend that decree not binding on him since decree suffered during pendency of suit...........
Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - For invoking jurisdiction of Court plaintiff has to make out a case that subject matter at issue in both the suits is directly and substantially the same and also between the same parties who are litigating under the same title - Before the Court stays proceedings it should come to a conclusion that..........
Civil Procedure Code, 1908, Section 10, 115 -- Court refusing to stay proceedings - Matter in earlier suit substantially different than that raised in subsequent suit - No jurisdictional error in refusing to stay proceedings...........
