Civil Procedure Code, 1908, Order 32, Rule 3 -- Suit for partition - Preliminary decree affirmed by Apex Court - Plea of minority - Appellant was already on record as legal heir of M and was represented by a counsel - Claim of appellant, who admittedly turned major at the time of passing of decree, was considered by Apex Court on merits also and her plea in opposition to..........
Court Fees Act, 1870, Section 7(iv)(c) -- Court fees - Suit for declaration that Will is illegal null and void with consequential relief of permanent injunction - Court fee is to be paid as payable in a suit for declaration - Impugned order of directing plaintiffs to pay ad valorem Court fees set aside...........
Transfer of Property Act, 1882, Section 54 -- Sale deed - Plea of bona fide purchasers - Suit for joint possession and that sale deed in question is null and void - Suit property sold by defendants nos. 1 & 2 in favour of defendants nos. 4 & 5 who in turn sold the property to subsequent purchasers who are claiming themselves to be bona fide purchasers - Plaintiff filed..........
Limitation Act, 1963, Article 59 -- Limitation - Suit for joint possession and that sale deed in question is null and void - Suit filed after a period of more than three years from the date of knowledge of sale deed, is time barred - Suit dismissed being barred by limitation. ( Para 8)..........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite during pendency of appeal filed against judgment declaring marriage as null and void - Wife is entitled to maintenance during pendency of appeal as impugned judgment declaring marriage of parties as null and void has not attained finality...........
Civil Procedure Code, 1908, Order 14, Rule 1 -- Framing of issue - Unregistered gift deed - Suit for declaration that gift deed in question is null and void and for permanent and mandatory injunction - Unregistered gift deed does not amount to a gift and not created any right in favour of defendant - Since defendant having not claimed any other right except under said..........
Civil Procedure Code, 1908, Order 15 -- Disposal of suit at first hearing - Suit for declaration that gift deed in question is null and void and for permanent and mandatory injunction - Defendant not enforcing the gift - Question of putting suit to trial to determine intention of parties, does not arise - Plaintiff is entitled to a decree U.O.15 CPC...........
Specific Relief Act, 1963, Section 34, 38, 39 -- Suit for declaration that gift deed in question is null and void and for permanent and mandatory injunction - U, registered gift deed - Defendant relied upon a Will executed by plaintiff after deed of gift - Transaction of gift having concluded before execution of Will, is inconsistent to Will relied upon by defendant -..........
Specific Relief Act, 1963, Section 34, 38, Civil Procedure Code, 1908, Order 21, Rule 101 -- Suit for declaration that decree of possession passed in civil suit is null and void and also for permanent injunction and compensation - Objections against said decree already filed U.O.21.R.101 CPC in execution petition - Separate suit for declaration against the very same decree..........
Agreement to sell -- Specific performance - Sale to third party - Third party purchased property knowing fully well about existence of sale agreement in favour of plaintiff - Third party is not bonafide purchaser for valuable consideration to have the protection under the provisions of Specific Relief Act - In the instant case plaintiff not only pleaded but also proved his..........
