Civil Procedure Code, 1908, Section 9 -- Jurisdiction of civil Court - Suit for cancellation of sale deed - Earlier suit for cancellation of sale deed before revenue Court was dismissed being not maintainable - Present suit before civil Court seeking relief for cancellation of sale deed is within jurisdiction of civil Court...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Sought by LRs of plaintiff - Applicants by way of amendment sought to challenge oral gift deed which was inadvertently not challenged by their father/plaintiff - However, during life time of plaintiff, when cause of action to file suit arose, he was the best person to acknowledge the complete facts - Two..........
Transfer of Property Act, 1882, Section 54 -- Sale deed - Use of expression `ta khubzul badlain' in a sale deed by itself will not be determinative of true nature of transaction...........
Transfer of Property Act, 1882, Section 54 -- Sale deed - Unilateral cancellation of sale deed not binding on plaintiff/purchaser as he was not a consenting party...........
Transfer of Property Act, 1882, Section 54 -- Sale deed - On execution and registration of a sale deed containing recitals regarding payment of consideration and delivery of possession, sale is complete even if sale price is not paid and therefore it will not be possible to cancel the sale deed in its entirety - However, exception to said rule is the practice of ta khubzul..........
Transfer of Property Act, 1882, Section 54 -- Sale deed - Unilateral cancellation of sale deed by defendant no.1 - Entire right, title and interest of defendant no.1 in suit property has been transferred to plaintiff vide sale deed - Plaintiff has taken over suit properties with liabilities as set out in sale deed - Unilateral cancellation of sale deed not binding on..........
Agreement to sell -- Specific performance - Agreement in question was contingent upon the fact that once defendants were conferred with Bhumidari rights they would execute sale deed in favour of plaintiff - Plaintiff issued two notices after bhumidari rights were conferred upon defendants, which was not responded - Entire sale consideration was already paid - Now there is..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration that sale deed is null and void - Suit is not maintainable without seeking possession, when plaintiff is not in possession...........
Limitation Act, 1963, Article 59 -- Limitation - Suit for cancellation of sale deed - Ownership of suit property was already with defendant nos. 3 & 4 who claims to be bonafide purchasers at the time of filing of suit - Limitation to file suit expired - Defendant nos. 3 & 4 being bona fide purchasers cannot be put to loss or made to suffer because of lapses in functioning..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23 -- Declaration of transfer deed as void - Death of senior citizen after passing of impugned order - Proceedings are rendered infructuous/otiose as senior citizen's right to seek benefit abated on his death - Legal heirs are at liberty to avail civil remedy available under law...........
