Agreement to sell -- Suit for specific performance - Plea of bonafide purchaser - Appellant/defendant alleged that he is a bonafide purchaser of suit property and agreement set up by plaintiff is forged and fabricated document - Defendant being subsequent vendee cannot be held to be a bonafide purchaser, given the fact of close relationship - Courts below rightly held..........
Limitation Act, 1963, Article 59 -- Limitation - Suit for declaration that deed of cancellation of gift deed and deed of transfer is invalid, null and void - Donor had no authority to revoke gift deed - Hence, subsequent documents i.e transfer of property were in themselves without authority and null and void - Declaration was only incidental to title and possession of..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration that gift deed in question is null and void - Gift deed declared null, void and not binding on plaintiffs by trial Court - Said finding attained finality - However, declaratory relief denied to plaintiff on the ground that plaintiff not sought relief of possession - Said findings are erroneous and perverse -..........
Hindu Law -- Coparcenary property - Alienation by father - Suit property had lost its status of coparcenary property in 1985, when mutation in respect of property in question was attested in favour of wife and son of grandfather of plaintiff - Said mutation remained as it was, without there being any challenge - On date of execution of agreement to sell, suit property was..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for declaration that suit property is coparcenary property and sale deed in favour of defendant No.1 is null and void - Amendment sought to take a plea that even if suit property is not considered as coparcenary, then also it has to be considered having been voluntary thrown in common stock by..........
Hindu Marriage Act, 1955, Section 7, Specific Relief Act, 1963, Section 34 -- Suit for declaration that marriage between parties is null and void as no marriage was performed according to Hindu rites - Categoric statement of Granthi of Gurdwara, which goes unrebutted, stating that there was no ceremony performed at the Gurdwara on the day of marriage - Once statement of..........
Indian Contract Act, 1872, Section 17 -- Fraud and misrepresentation - Suit for declaration of ownership and declaring sale deeds as null and void - Execution of two power of attorneys in favour of defendant by plaintiffs only for purpose of contesting earlier litigation - Even DW1 admitted said fact - Once defendants themselves acknowledged and admitted power of attorney..........
Hindu Marriage Act, 1955, Section 11, 5(i) -- Annulment of marriage - Marriage between parties took place during subsistence of wife's first marriage - Marriage held to be null and void being solemnized in contravention of Ss.11, 5(i) of the Act - However, husband directed to pay Rs.7 lakhs to child born out of wedlock of parties...........
Mitakshara Law -- Co-parcenary property - Alienation by Karta without legal necessity - Onus was on alienee/respondent to prove that there was a legal necessity or benefit to estate or she had made bonafide enquiries - Respondent completely failed to discharge said burden - More so, sale deeds were without any consideration - Sale deeds in favour of respondents set aside -..........
Benami Transactions (Prohibition) Act, 1988, Section 3(2) -- Benami transaction - Property purchased in the name of minor daughter by plaintiff - Defendant/daughter admitted that she was minor at the relevant time - She failed to prove that she had raised any loan for purpose of raising construction on suit property - Plaintiffs are real owners in possession of suit..........
