Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Jurisdiction of civil Court - Suit for cancellation of sale deed - Agricultural land - Suit is primarily for cancellation of sale deed of land, which is not `land' as defined u/s 3(14) of U.P. Zamindari Abolition and Land Reforms Act - Civil Court thus, has jurisdiction to entertain suit - Application..........
Agreement to sell -- Specific performance - Readiness and willingness - Preparation of two demand drafts each in sum of Rs.5 lakhs and ultimately cancellation of same on account of their no, receipt by defendant is proved on record - Witnesses appeared in the context of preparation of demand drafts and cancellation thereof - Issuance of notice by plaintiff was admitted in..........
Agreement to sell -- Specific performance - Execution of agreement to sell dated 1992 was proved on record - Said agreement was admitted document between parties - Factum of Rs.20 lakhs received by defendant in furtherance of agreement to sell was also admitted fact - Receipts of earnest money and second installment were also admitted - Plaintiffs also proved on record..........
Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of bail - Misleading Court by concealing material facts - Court which granted bail, cannot reject bail already granted, as Court is not in a position to review its earlier order - Only remedy available is to file an appeal against order granting bail - Application for cancellation of bail rejected...........
Limitation Act, 1963, Article 59, Transfer of Property Act, 1882, Section 54 -- Suit for cancellation of registered sale deed - Limitation for cancellation of registered sale deed is 3 years from the date it was executed - Sale deed was executed in 1990 - Plaintiff having stepped into shoes of Executant had knowledge of same - More so, executant had herself filed a suit..........
Civil Procedure Code, 1908, Section 80 -- Notice - Non-compliance of S.80 CPC - Return of plaint - No relief claimed against officials of State - They impleaded only because plaintiff seeking cancellation of registered sale deed - Insistence by trial Court as to compliance with S.80 CPC is superfluous and unnecessary - Order of return of plaint on ground of no, compliance..........
Agreement to sell -- Specific performance - Cancellation of subsequent sale deed - Once plaintiff is not entitled to relief of specific performance of agreement to sell, he has no locus standi to challenge sale deed in favour of subsequent purchasers - Order of setting aside sale deed set aside...........
Transfer of Property Act, 1882, Section 55 -- Sale - Cancellation - Consideration paid by cheque - Cheque dishonoured - No clause in sale deed that on dishonour of cheque, sale deed will be treated as cancelled or will have no force in the eye of law - Plaintiff is entitled to recover unpaid amount of sale consideration and that would be charge on the property sold...........
Will -- Cancellation of - Executor of Will not being owner of entire house, could not have transferred it by means of Will except to extent of his own share - Court below rightly cancelled the Will in respect of shares of all other coparceners...........
Will -- Cancellation of - Original suit was not a suit for partition but it was a suit for cancellation of disputed Will, therefore, Courts below were not required to ascertain shares of all parties...........
