Transfer of Property Act, 1882, Section 45 -- Joint ownership - Presumption of ownership - Predecessor of plaintiffs and defendants are brothers - They proposed to purchase property together - Subsequently, predecessor of plaintiffs retracted and was not interested to purchase property due to funds crunch - Predecessor of defendants alone paid entire consideration - Since..........
Specific Relief Act, 1963, Section 28, Civil Procedure Code, 1908, Order 21, Rule 34 -- Extension of time to deposit balance sale consideration - No wilful default to make deposit - Right of decree holder to get the sale deed executed in his favour cannot be taken away merely on technical ground...........
Agreement to sell -- Specific performance - Readiness and willingness - Certificate issued from office of Sub-Registrar confirming presence of plaintiffs before Sub-Registrar for execution of sale deed on the particular date cannot be construed as conclusive evidence to no, suit defendants, particularly when no further evidence was led by plaintiff to demonstrate..........
Agreement to sell -- Specific performance - Earnest money proved to have been paid to defendants by plaintiff - However, defendants failed and neglected to execute and register deed of conveyance in terms of agreement for sale in favour of plaintiff - Plaintiffs on the other hand was ready and willing to pay balance sale consideration - Defendant no.1 though entered..........
Criminal Procedure Code, 1973, Section 482, 156, 200, Indian Penal Code, 1860, Section 420 -- Quashing of criminal proceedings - After execution of agreement to sell and payment of complete consideration amount, original complainant came to know that disputed property was mortgaged with bank and hence he filed case for cheating - However, complainant himself paid mortgage..........
Agreement to sell -- Specific performance - Agreement for sale entered into by plaintiff through her son/power of attorney - Defendants could accept the sale consideration but they disputed the authority of power of attorney - Power of attorney appeared in office of Sub Registrar for execution of sale deed but defendants did not turned up - Date of execution of sale as..........
Agreement to sell -- Specific performance - Plaintiff got examined himself as PW1 and attestors as PW2 and PW3 to prove agreements of sale - Nothing was elicited to impeach their evidence regarding execution of agreements in question - Plaintiff also issued notice to defendants demanding execution of sale deed - Defendants did not issue any reply denying execution of..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Suit for specific performance - In execution of decree sale deed executed - Summons of case received by mother but mother did not bring the receipt of summons to the notice of defendant - Defendant prepared to deposit the entire amount spent by plaintiff towards getting sale deed executed -..........
Mitakshara Law -- Co-parcenary property - Alienation by Karta without legal necessity - Onus was on alienee/respondent to prove that there was a legal necessity or benefit to estate or she had made bonafide enquiries - Respondent completely failed to discharge said burden - More so, sale deeds were without any consideration - Sale deeds in favour of respondents set aside -..........
Civil Procedure Code, 1908, Order 7, Rule 10 -- Return of plaint - Lack of pecuniary jurisdiction - Suit for cancellation of sale deed - Court below not conducted any inquiry as required and mandated u/s 7 of Karnataka Court Fee Act - Defendant on whom onus rests to demonstrate that Court has no pecuniary jurisdiction or Court fee paid is insufficient, has failed to place..........
