Transfer of Property Act, 1882, Section 105 -- Lease - Property belonging to deity - Mohatmim/mahant of property can execute lease only for the benefit of estate or for legal necessity - Execution of lease without such conditions is illegal, null and void and creates no right, title and interest in favour of plaintiff - Lease deed rightly cancelled by Temple...........
Civil Procedure Code, 1908, Section 96 -- First appellate Court - Suit for declaration and permanent injunction - Merely because trial Court not framed any specific issue qua possession, if any of plaintiff pursuant to lease deed, but since question with regard to validity of lease deed was before first appellate Court, there was no bar for it to make findings/observations..........
Joint family property -- Suit for partition - Execution of relinquishment deed - Plaintiffs executed relinquishment deed and relinquished their right, title and interest in joint family properties on their own will and volition receiving an amount of Rs.6 lakhs from defendants - But later they took the plea that deed was obtained by fraud - Except ipse dixit statement of..........
Specific Relief Act, 1963, Section 31, Transfer of Property Act, 1882, Section 54 -- Cancellation of sale deed - Sought by adopted son - Suit not maintainable when suit filed by vendor himself had been dismissed...........
Hindu Adoptions and Maintenance Act, 1956, Section 10(iv) -- Adoption of child beyond the age of 15 years - Permissibility - Child above age of 15 years was adopted by Jat family, as there is custom amongst Jat permitting adoption of son beyond the age of 15 years - Adoption deed is in writing and is duly registered - Even photographs of person adopting and person giving..........
Delhi Rent Control Act, 1958, Section 14(1)(e), 25B(8) -- Rent and eviction - Application of petitioner/tenant for leave to defend was dismissed - As per petitioner, there being two separate shops which has been merged into one and dissolution deed of firm accepts petitioner as tenant of 1/3rd premises and he is liable to pay his share of 1/3rd rent is clear indication of..........
Court Fees Act, 1870, Section 7(iv)(c), Article 17(iii) -- Sale deed - Challenge to - Court fee - Person who has not executed sale deed and is in possession of property seeking declaration, he has to pay fixed Court fee u/art 17(iii) of the Act - However, when person seeking declaration is not in possession of property, he has to pay ad valorem Court fee as per S.7(iv)(c)..........
Agreement to sell -- Specific performance - Readiness and willingness - Stipulation of 6 months for completion of sale deed - Effect of filing fixed deposit receipts - Plaintiff did not take any steps to get sale deed executed within prescribed period as such mere production of fixed deposit receipts would not be sufficient to prove his readiness and willingness - Specific..........
Agreement to sell -- Specific performance - Stipulation of 6 months for completion of sale deed - Conduct of plaintiff in asserting his right belatedly after more than two years - Does not entitle him to seek equitable relief of specific performance...........
Civil Procedure Code, 1908, Order 21, Rule 32 -- Execution - Decree of specific performance - Plaintiff directed to pay balance sale consideration, stamp duty and penalty within two months - Quantum of stamp duty not adjudicated and penalty not determined resulting in failure of decree holder to pay the same - Decree holder already paid sale consideration to vendor - Order..........
