Civil Procedure Code, 1908, Section 100 -- Suit for permanent injunction - Ownership - Merely because possession of suit property was with plaintiff, by itself cannot be reckoned as evidence on issue of ownership of suit property when property is given to predecessor in title of plaintiff under old grant and owned by Government of India - Therefore, High Court upholding..........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Suit for possession - Plea of ownership on the basis of registered sale deed - Execution and registration not controverted - However, there is plea of misrepresentation - Such defence is of no avail till sale and lease documents are declared null and void - The same cannot be declared so in the suit of..........
Agreement to sell -- Validity - Agreement to sell with defendant No.6 prior to execution of agreement to sell executed in favour of plaintiff - Execution of agreement to sell with defendant No.6 was with a purpose to sell suit house to defendant No.6 and this could only be done by executing a prior agreement to sell in favour of defendant No.6 - Agreement executed in..........
Agreement to sell -- Specific performance - Ready and willing - Plaintiff performed his part of contract, as he paid the advance amount in terms of agreement and also sent notice to defendant for execution of sale deed - But it was not adhered to by defendant and they executed sale deed in favour of defendant no.6 - Story pleaded by defendants in their defence is wholly..........
Agreement to sell -- Specific performance - Decree of specific performance against subsequent purchaser - Effect - Sale deed in favour of subsequent purchaser bad in law and not binding on plaintiff - Sellers directed to refund the sale consideration received from subsequent purchaser and subsequent purchaser would join in execution of sale deed in plaintiff's favour along..........
Agreement to sell -- Specific performance - Readiness and willingness - Number of opportunities provided to plaintiff to get the sale deed executed but he did not come forward to get it executed - Further, if plaintiff was really ready and willing to perform his part of contract, he should have offered to deposit the amount straight-away in the bank either on date of..........
Civil Procedure Code, 1908, Order 6, Rule 2 -- Pleadings - Concise form - Facts and not evidence required to be pleaded - In the present case, plaintiff while filing suit had disclosed relationship and had also challenged the sale deeds - It was further pleaded that defendant has grabbed property by illegal means - Held, such pleadings are sufficient...........
Agreement to sell -- Specific performance - Readiness and willingness - Once defendant have questioned execution of agreement itself, then they cannot take plea of no, readiness of plaintiff to get sale deed executed...........
Criminal Procedure Code, 1973, Section 190, 482, Prevention of Food Adulteration Act, 1954, Section 7(iv), 21 -- Cognizance of offence - Quashing of proceedings - Offence u/ss 7(iv), 21 of PFA Act - Ban on manufacturing and sale of gutkha - However, there is no prohibition on transportation of the same and admittedly, case of prosecution is that truck was intercepted in..........
Limitation Act, 1963, Article 60, Hindu Minority and Guardianship Act, 1956, Section 8(2) -- Limitation - Sale of property of minor by his mother for his benefit - Suit to challenge alienation filed by minor long after 3 years of attaining majority - Suit is barred by limitation and hit by Art.60 of the Act - Suit dismissed...........
