Specific Relief Act, 1963, Section 16(c) -- Agreement to sell - Readiness and willingness - Petitioner-sellers submitted that pleadings of plaint are not supported by an affidavit - In plaint, plaintiff had approached defendant-sellers to complete their part of agreement to sell but defendants expressed difficulty to hand over physical possession and therefore requested..........
Civil Procedure Code, 1908, Order 39, Rule 2A -- Injunction order - Disobedience - Petitioner in Court made statement that petitioner would not mortgage, sell or destroy property in dispute - Petitioner on basis of agreement to sell of even date, executed sale deed by flouting undertaking given before Civil Court - Appellate Court while commenting upon nature of..........
Haryana Urban Development Authority Act, 1977, Section 7A, Registration Act, 1908, Section 17 -- Sale deed - If any document is liable to be registered and offered for registration, respondents cannot refuse to register same due to software being inadequate - Thus, respondents must address and resolve through their software engineer and consultants - Direction issued to..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 2(g) -- Jumla Mushtarka Malkana Hasb Rasd Khewatwar - Land in dispute was recorded in revenue record as Jumla Mushtarka Malkan Hasab Rasad Arazi Khewat - Defendants-plaintiff being bonafide purchasers, became co-sharers in Jumla Mushtarka Malkan and were put in possession by their vendors - Appellants were..........
Evidence Act, 1872, Section 114 -- Presumption of truth - Courts below have found that plaintiff has not been able to prove plea of fraud - Signatures and thumb impressions on sale deed are admitted - There is photograph of appellant on sale deed - Sale deed is a registered document and registered sale deed has presumption of truth - Appeal dismissed...........
Transfer of Property Act, 1882, Section 58(c), 54 -- Mortgage by conditional sale or sale with condition to re-purchase - Father of plaintiff raised a loan to discharge his debts for which purpose he executed the mortgage - There is no condition in the deed that sale will become absolute after expiry of five years's period - Father of plaintiff is in continuance in..........
Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Section 22, 23 -- Proceedings u/ss 4, 5, 9 & 23 of the Act seeking multifarious relief including negation of gift deed and maintenance to the tune of Rs.10,000/- - Proceedings are not only u/s 22 but also u/s 23 of the Act - Order of grant of maintenance of Rs.10,000/-, held, intact and proceedings seeking..........
Court Fees Act, 1870, Section 7(iv)(c) -- Computation of court-fee - Suit for declaration - Plea that sale deed executed by defendant in favour of other defendants obtained by fraud and not binding on plaintiff - Plaintiff was not executant to sale deeds - Absence of prayer to cancel sale deed - Court fee payable is computable in terms of S.7(iv)(c) i.e. as per the amount..........
Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Section 22, 23 -- Eviction order - Application has to be dealt with by the District Magistrate and not by the Tribunal - Tribunal has jurisdiction only when senior citizen seeks maintenance and an order to declare void, the gift deed or transfer of property, in case the person to whom property is..........
Specific Relief Act, 1963, Section 20 -- Decree for specific performance - Leave to appeal filed by subsequent purchaser - Maintainability - Subsequent purchase sold suit property to third party during pendency of proceedings - He is no more owner of suit property and neither in possession of the same - Contention of subsequent purchaser that since no stay order passed by..........
