Consumer Protection Act, 1986, Section 2(1),(o),(d) -- Consumer - Housing construction - Complaint by flat purchasers that house builder not executing Deed of conveyance - Admitted by the builder that there is agreement executed between him and the complainants-flat purchasers and the rights of the parties governed by the provisions of Maharashtra Flat Ownership Act, 1963..........
Sale deed -- Omission of name of one of the partners - Partnership firm purchased property from joint funds - Agreement shows that parties will retain their right in the land in the same ratio as share in profit and loss - Omission of name in conveyance deed seems to be either on account of inadvertence or recklessness...........
Evidence Act, 1872, Section 115 -- Feeding the grant by estoppel, doctrine of - Stands statutorily v recognised in India by Section 43 Transfer of Property Act - Rule is that if a man, who has no title whatever to the property, grants it by a conveyance which in form carries the legal estate, and subsequently acquires interest sufficient to satisfy the grant, the estate..........
Booth site -- Non-transfer of in the names of complainants and their mother inspite of fulfilling all the conditions laid down - Stand of the Opposite parties that since the original owners did not execute conveyance deed in favour of the complainants, transfer cannot be done as per the changed policy - No mention of requirement of any conveyance deed for transfer of booth..........
Rent and Eviction -- Bona fide requirement - SCF (Shop-cum-Flat) - Eviction of tenant from first floor on ground of bona fide requirement - First floor of SCF whether residential or non residential - The expression `shop-cum-flat' does not always mean that the ground floor of the building is meant for shops and the first and the higher floors are residential accommodation..........
Plot allotment -- At the time of possession it was found that the area of the plot was 545.83 sq.yards instead of 550 sq. yards - On this account conveyance deed could not be executed - District Forum directed refund of the price of the reduced area with interest @ 15% p.a. - No order was passed regarding execution of the conveyance deed - Directions issued that conveyance..........
Housing -- Plot allotment - Execution of conveyance deed - Respondent-HUDA reducing the area of the plot allotted to the petitioner by 4.17 sq. yards at the time of the delivery of possession - On this account conveyance deed could not be executed - Complaint filed for deficiency in service - District Forum directing refund of the price of the reduced area with interest..........
Punjab Public Premises and Land (Eviction and Rent) Recovery Act, 1973 -- Eviction - Appellant raised objection that property no longer belongs to State Govt. as it is transferred to Improvement Trust - Eviction proceedings then initiated by Improvement Trust wherein appellant took objection that in absence of deed of conveyance Improvement Trust is not entitled to get him..........
Agreement to sell -- Suit for specific performance - Agreement executed by defendant to sell property owned by her and her son-in-law - Both plaintiff and defendant aware that defendant had title only to half share in the property - S.12 Specific Relief Act is not applicable to such a case - It applies only to cases where the parties to the agreement subsequently found..........
Transfer of Property Act, 1882, Section 5, 122, 123, Evidence Act, 1872, Section 68 -- Release deed - It is relinquishment of some right or interest in the property to another who has already some interest in property and such interest as qualifies him for receiving or availing himself of right or interest so relinquished - Release may be gratuitous or for consideration -..........
