Specific Relief Act, 1963, Section 34 -- Suit for declaration of title - No pleading raised that suit property is in joint ownership of plaintiff and original owner - However, first appellate Court granted finding of joint ownership of suit property - Said finding is not based on pleadings of parties - More so, registered sale deed executed by original owner in favour of..........
Transfer of Property Act, 1882, Section 53A -- Part performance - To fall under umbrella of S.53-A of the Act, plaintiff must show not only his readiness and willingness to pay balance sale consideration, but also readiness and willingness to perform his part of contract which includes enforcement of contract for getting sale deed executed in his favour by resorting to..........
Civil Procedure Code, 1908, Order 7, Rule 11, Court Fees Act, 1870, Section 7(iv)(c) -- Rejection of plaint - Annulment of sale deed - Plaintiff non executant of sale deed in question and not in possession - Plaintiff is required to affix ad valorem court fee as per value of property mentioned in sale deed - Plaintiff granted opportunity to affix ad valorem court fee..........
Agreement to sell -- Specific performance - Stamp duty - No delivery of possession of suit property either before or after execution of suit agreement for sale was made - Possession is ordered to be delivered by defendants to plaintiff after execution of sale deed, as a part of decree of specific performance - There is thus, no substance in the argument that stamp duty of..........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Barred by limitation - Suit for cancellation of registered sale deed and for declaration and permanent injunction - Plaintiff challenging decree passed in earlier suit and also registered sale deed - Admittedly, plaintiff was party to earlier suit, thus, he has knowledge of passing of decree and..........
Agreement to sell -- Further agreement to sell by vendee - Assignment of rights - Suit for specific performance by subsequent vendee against vendor and vendee - Use of term `name proposed by vendee' in agreement in between vendor and vendee refers to a nominee to be proposed at the time of execution of sale deed and not a subsequent assignee/vendee - At the same time..........
Agreement to sell -- Further agreement to sell by vendee in favour of subsequent vendee - Assignment of rights - Contingent contract - Further agreements are clearly contingent contracts inasmuch as they could only be enforced had vendee obtained right to get sale deed executed and taken possession of suit property as per terms of first agreement - More so, subsequent..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Rent and eviction - Non-payment of rent - Plea of tenant is that landlord is not proved to be owner as sale deed on basis of which landlord claims title, does not pertain to demised premises - However, there is no denial by tenant of fact that a rent note was executed between him and original owners of demised..........
Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959, Section 6(19) - - Specific endowment - Property in question was endowed specifically for performance of a religious charity in temple by way of deed of settlement - There was a restraint on creation of an encumbrance either on choultry or on land - Choultry was to be utilized at all times for use of general..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration of title - Relinquishment deed in favour of plaintiffs - Two co-sharers have abandoned their right, title and interest relating to suit property in favour of plaintiffs by executing a relinquishment deed - No dispute raised by executors of relinquishment deed - In absence of any dispute raised by executors of..........
