Specific Relief Act, 1963, Section 34 -- Suit for declaration - Decree alleged to be illegal, null and void - Concurrent finding of three courts that decree was collusive - Despite such collusive decree, suit property continued to be in the name of original owner - Plaintiff Nos. 2 to 9 who purchased property from plaintiff No.1 are bona fide purchasers - Possession of..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration by sisters - Sale of property by Karta/brother - Suit in question was apparently a collusive suit filed at the behest of Karta through his sisters and family members to avoid execution of a valid decree passed in favour of purchasers/defendant nos.1 and 2 - Suit property sold by Karta for legal necessity thus,..........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Petition filed under wrong provision of law - Husband filed reply to the divorce petition and stated that he has no objection if divorce petition is accepted - Court dismissed divorce petition by holding that matter is being contested by both the parties in a collusive manner to obtain decree of divorce..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Suit for declaration and permanent injunction against 102 defendants - Admittedly there is no addresses of defendants separately furnished and no summons to any registered address of defendants issued or obtained - There was not even any service of notice - Summons of all the defendants were..........
Consent decree -- Family settlement - Ancestral co-parcenary property - Right of a co-parcener in ancestral coparcenary property cannot be snatched away by way of any collusive decree passed on alleged family settlement in absence of said coparcener, as a co-parcener acquires right to property by birth...........
Conversion Scheme -- Clause 13 - Conversion from leasehold property to freehold property - Respondent neither a power of attorney holder nor a holder of agreement to sell - Conversion on the basis of decree for specific performance which decree is a collusive one and the same cannot confer any right upon respondent to claim conversion - Respondent does not fall within..........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - On the basis of mere admissions made by defendant decree need not always be granted in terms of prayer made in suit - Court has duty to see whether plaintiff is entitled under law to get the relief sought - Court should also see whether suit is collusive and meant to defeat the law concerning public..........
Hindu law -- Joint family property - Partition as a result of collusion - Estoppel - Defendant No.2 with the help of his brother and father pleading prior partition in 1964 - Purpose of plea was only to help defendant No.2 to defeat the claim of his wife and ensure collusive decree - Defendant No.2 cannot take advantage of said plea and allege that defendant No.1 is..........
Will -- Suspicious circumstances - Will propounded by defendant No.2 contained a recital that there was partition in 1964 between testator and defendants - Evidence on record shows that sham partition was set up to ensure that a collusive decree was passed - Moreover signature of executant on second page of said Will is not put horizontally but at an angle and Will itself..........
Transfer of Property Act, 1882, Section 52 -- Lis pendens - Principle is applicable to a decree passed on compromise - However, there is an exception where such compromise is collusive and for defeating the rights of subsequent transferee the matter will be examined in the light of such ground...........
