Agreement to sell -- Suit for specific performance - Theory of partition between father and son and property falling to share of son, set up by defendant not believed - Plaintiff willing to purchase the half share of defendant in the property for the whole of consideration - Defendant having received entire sale consideration - Jointness of property not a disability for..........
Agreement to sell -- Stipulation to pay certain sum in case of default of performance - Delivery of possession in pursuance of agreement to sell - Held, if the defendant parted with the possession in pursuance of the agreement to sale, there is nothing to doubt that the intention of the defendant was to sell the property - Trial Court as well as Single Judge committed no..........
Civil Procedure Code, 1908, Order 18, Rule 1 -- Right to lead evidence - Shifts to defendant when defendant admits the main allegations made by the plaintiff. (Evidence Act, 1872, S.102) '..........
Civil Procedure Code, 1908, Section 64, Order 39, Rule 2-A -- Defendant giving undertaking not to alienate property pending suit - Defendant subsequently alienating property - Violation of such undertaking amounts to violation of injunction order - Though alienation may be void under S.64 of the Code still defendants are liable to be punished under order 39 Rule 2-A of the..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte decree -Selling aside -Mere production of illness certificate - Not sufficient - Defendant must allege and satisfy Court about his illness...........
Civil Procedure Code, 1908, Order 21, Rule 101 -- Suit for specific performance Consent decree passed on undertaking given by defendant that no third party rights would be created in suit property - In breach of undertaking third party rights created - In execution third party claiming tenancy rights - Creation of tenancy in breach of undertaking itself being nullity,..........
Pronote -- Pronote & Receipt - Pronote insufficiently stamped - Not admissible in evidence - Apart from promissory note consideration receipt executed - Acknowledgment of debt shows that the defendant had borrowed the sum and therefore there is an obligation to repay the said sum - Acknowledgment of debt creates a cause of action by itself and it is the duty of the Court..........
Adverse possession -- Co-owner - Mere exclusive possession or non-participation of income by true owner will not prove ouster or adverse possession - Sale of property by one co-owner - Plaintiff cannot be fixed with knowledge of those documents simply because these are registered documents - Registration of the documents by itself cannot operate as notice to the plaintiff..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Suit against Govt to establish some right in Govt.land - Applicant claiming to be social worker interested in protecting Govt. and poor people - Not a necessary party - Cannot be impleaded as a defendant...........
Limitation Act, 1963, Article 54 -- Suit for specific performance of agreement to sell - No date fixed for performance in agreement - Suit to be filed within three years from date of refusal by defendant to perform his part of agreement -Defendant in reply to the notice refused to perform his part of the contract - Suit filed within three years of that date - Held, suit is..........
