Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 22, Rule 10 -- Amendment of plaint - Suit for specific performance - Sale during pendency of suit - Impleading subsequent transferee - Subsequent transferee can be impleaded as party in suit - It is wholly unnecessary for plaintiff to challenge conveyance/sale deed executed by defendants during..........
Release deed -- Where the property is owned by two co-owners each having undivided equal share therein and one of them by a deed claims title while the other possession, document would be a release and not a conveyance - Even where one of the co-sharers of the joint agricultural land had simply renounced his claim in favour of another co-sharer in respect of the same..........
Release deed -- A document under which a Hindu coparcener purports to give up his right to family property in favour of remaining coparcener would not be a deed of conveyance but a deed of release - But where he executes the document in respect of his share in favour of a particular co-owner, it cannot be treated as a release and must come within the definition of..........
Stamp Act, 1899, Article 55 -- Schedule 1 - Release deed - Releasors together released share in favour of Karta and other co-parcener and not to a particular co-owner - Property was being held jointly and there was no partition of interest in property among co-owners - Document in question would be a release deed and not conveyance or a gift deed...........
Specific Relief Act, 1963, Section 37, 38 -- Permanent Injunction - Plaintiff claimed to be in possession of suit property for past more than 12/14 years - On spot inspection by revenue officials Plot was transferred to plaintiff via conveyance deed - No evidences shown by defendants to prove possession over suit land - Neither any Sarpanch nor any official of Panchayat..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for possession, recovery of damages, mesne profits and injunction - Plaintiff seeks to amend the plaint to add averments challenging the documents and conveyance deed executed by DDA in favour of defendants - Amendments sought are necessary for purpose of determining real questions in controversy..........
Punjab Package Deal Properties (Disposal) Rules, 1976, Rule 4(i) -- Allotment of land - Deletion of condition of not permitting sale of land for 10 years after allotment vide notification dated 20.01.1979 - Allotment made after amendment of Rule deleting said condition - Imposition of said condition in conveyance deed - Held, improper - Direction issued to delete said..........
Registration Act, 1908, Section 17, 32, 34, 35 -- Conveyance deed - Registration - Cannot be refused on the ground of lack of title - It is only the Civil Court which can consider the title - There is nothing in the Act to empower the Registrar in seeing or satisfying himself about the title of the vendor - Registration entails nothing more than the factum that the..........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration of title and permanent injunction - Plaintiff claimed to have purchased suit land - No registered document available - Only receipt of payment and deed of conveyance written on a plain paper which was not registered - Title also claimed on basis of adverse possession - No substantial document to prove title..........
Specific Relief Act, 1963, Section 16(c) -- Specific performance - Readiness and willingness - Pleadings as to - Plaint averments are to the effect that plaintiff has performed his part under the contract by making a tender of Rs.6,000/- to defendant for re-conveyance of the property, which he refused to perform and has thereby committed breach of the agreement - Held,..........
