Agreement to sell -- Specific performance - Date fixed for execution of sale deed was one year from the date of measurement of suit schedule property - However, no such measurement was carried out and plaintiff has not raised any objection in this regard till he got issued legal notice i.e almost for a period of 3 years - Suit came to be filed only at the fag end of..........
Evidence Act, 1872, Section 102 -- Burden of proof - Suit for possession - In a suit for possession, burden of proof lies on plaintiff...........
Suit for possession -- Father of plaintiff donated the suit property to State and State constructed a Hospital over the land in 1958-59 - Suit for possession without seeking declaration is not maintainable - Moreover, suit filed after almost 43 years is clearly barred by limitation - Merely because name of plaintiff continued in revenue record, it would not confer any..........
Punjab Land Reforms Act, 1972, Section 21 -- Bar of jurisdiction of Civil Court - Suit filed for declaration that land belonged to religious and charitable shrine and there was no challenge to validity of any order under the Act - Suit does not fall under either of categories as mentioned in S.21 of the Act - Civil Court alone has jurisdiction to decide and declare whether..........
Partition suit -- Plaintiff claimed that his mother had married to defendant no.1 and he was born out of said wedlock - However, plaintiff was not able to establish that there were any matrimonial relations between defendant no.1 and his mother - Moreover, evidence on record shows that mother of plaintiff remarried after she was abandoned by defendant no.1 - Factum of..........
Partition suit -- Family settlement - Agreement for settlement of family property is entered into to give a right to plaintiff No.2 and avoid what would otherwise take place by normal entitlement of sharers under Mohammedan law - Defendant failed to prove that existence of Will and also family settlement is a fabricated document - Once the family settlement is proved as..........
Agreement to sell -- Validity - L.R's of first defendant did not dispute that first defendant signed the agreement - Contention that deceased defendant was addicted to vices was never raised in the written statements and same has come by way of an afterthought in the evidence of mother of defendant - Therefore, contention rejected that suit agreement was got executed from..........
Agreement to sell -- Specific performance - Bonafide purchasers - Agreement in question in favour of plaintiff was compulsorily registrable document in the State of U.P. - Subsequent purchasers shall be deemed to have knowledge of suit agreement which was duly registered in view of S.3 Explanation I of T.P.Act - It is not the case of subsequent purchasers that they took a..........
Specific Relief Act, 1963, Section 19(b) -- Bonafide purchasers - Suit for specific performance - Without seeking cancellation of subsequent sale deeds - Where subsequent purchasers failed to prove that they entered into sale deed in good faith and without notice of suit agreement, in view of S.19(b) of the Act, a decree for specific performance can be passed against such..........
Agreement to sell -- Specific performance - Plaintiff has proved the service of notice of demand to the defendant - Suit is filed within limitation and subsequent purchasers did not raise a plea of delay and laches - There are concurrent findings of three Courts on the issue of readiness and willingness shown by first plaintiff - No interference warranted in said findings..........
