Mutation -- On the basis of registered sale deed - Cannot be set aside in appeal filed by person claiming right merely on the basis of agreement of sale...........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Relief of ejectment/possession - Lease - Expired due to efflux of time - Wife of tenant staying in suit property as a licensee of her husband by virtue of mutual agreement entered between husband and wife - Such agreement has to be subject to the willingness of landlord to continue with the tenancy -..........
Land Acquisition Act, 1894, Section 23 -- Acquisition of land - Additional compensation - Challenge as to - Issue of additional compensation by making an artificial classification of land as pushtaini and Gair-pushtaini was not in existence at the time of agreement - There was thus, no occasion to challenge the same - Moreover, appellants because of their signing agreement..........
Agreement to sell -- Validity - Once defendant himself conceded in his testimony that money was received in terms of agreement to sell in question as well as signature on said agreement were of his father, merely because deed writer was not produced and there are minor discrepancies in statement of attesting witness, will not hamper the concurrent findings recorded by..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by limitation - Suit for specific performance - Agreement executed on 24.01.2001 - Suit filed on 03.01.2022 - No date or period has been fixed for performance of agreement or for execution of sale deed - Defendant denied the agreement for the first time on 8.11.2021 by way of reply to notice -..........
Agreement to sell -- Un-registered - Agreement in question did not prescribe any period of limitation - Total consideration amount of sale received from plaintiff by defendants - Possession also given to plaintiff - Mere fact that documents i.e agreement to sell and power of attorney being unregistered are not admissible as evidence, has been rendered meaningless...........
Agreement to sell -- Specific performance - Defendant received entire sale consideration - Responsibility to get sale deed registered was on defendants - Plaintiff has proved that she had made a request to defendants to get sale deed registered and executed in her favour - She also proved her possession over suit property as purchaser - Suit rightly decreed in favour of..........
Agreement to sell -- Specific performance - Agreement dated 12.8.2004 as alleged by plaintiffs is insufficiently stamped - Plaintiff failed to prove such agreement - Defendants stated that they had not executed such agreement dated 12.8.2004 and on 2.8.2004 agreement between parties was executed - Signatures of defendants as well as witnesses were not obtained in front of..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Agreement by wife waiving her right of maintenance - Such agreement is against public policy hence void Ab initio - Claim of maintenance by wife cannot be disputed or denied on the basis of void agreement...........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Memorandum of understanding entered into in between parties during pendency of revision in High Court - Parties were to settle the dispute between themselves - As per terms of agreement Respondent No.2 was to file a compromise petition before High Court which he failed to do so, which resulted in..........
