Partition suit -- Family settlement - Agreement for settlement of family property is entered into to give a right to plaintiff No.2 and avoid what would otherwise take place by normal entitlement of sharers under Mohammedan law - Defendant failed to prove that existence of Will and also family settlement is a fabricated document - Once the family settlement is proved as..........
Agreement to sell -- Specific performance - Bonafide purchasers - Agreement in question in favour of plaintiff was compulsorily registrable document in the State of U.P. - Subsequent purchasers shall be deemed to have knowledge of suit agreement which was duly registered in view of S.3 Explanation I of T.P.Act - It is not the case of subsequent purchasers that they took a..........
Agreement to sell -- Specific performance - Plaintiff has proved the service of notice of demand to the defendant - Suit is filed within limitation and subsequent purchasers did not raise a plea of delay and laches - There are concurrent findings of three Courts on the issue of readiness and willingness shown by first plaintiff - No interference warranted in said findings..........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Principle of res judicata is applicable not only between plaintiff and defendants but also between co-defendants...........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Co-defendants - In applying the principle of res judicata between co-defendants, primarily three conditions are necessary to be fulfilled namely: (a) there must be a conflict of interest between co-defendants; (b) there is necessity to decide the said conflict in order to give relief to plaintiff; and (iii) there is..........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Earlier title suit dismissed without adjudication of any rights of plaintiff over suit land vis-a-vis cantonment Board - Issue in present title suit was neither directly or indirectly in issue in the previous suit and there was no conflict of interest between co-defendants in the previous suit, which if any, never..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration of title - Plaintiff is claiming title and possession over suit land alleging that proprietor of village, had settled the suit land in his favour - It stands proved by Amin report and Hukumnama as well as the Rent receipt - Order of Additional Collector directing realization of rent from plaintiff also confirms..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of subsequent purchaser - Suit for specific performance - Subsequent purchaser would be affected in the event of decree and it would be in his interest to be party to suit - Moreover, in a suit for specific performance, it is prerogative of plaintiff to implead subsequent purchaser being the dominus litus -..........
Agreement to sell -- Suit for specific performance - Order as to refund of Rs.18 lakhs - Advance sale consideration paid Rs.3 lakhs - Subsequent advance payment of Rs.15 lakhs - Proof of subsequent advance payment - Ordinarily, in an endorsement of payment of money, party signs first and witnesses put their signature below that endorsement - However, in the instant case..........
Specific Relief Act, 1963, Section 38 -- Suit for permanent injunction - Documents relied upon by plaintiff does not comes to aid of plaintiff to establish that he is in exclusive possession of suit property and unless possession is established, question of granting permanent injunction does not arise - Suit rightly dismissed...........
