Agreement to sell -- Specific performance - Ready and willing - Neither there was any averment in plaint that plaintiffs were ready or always been ready to perform their part of contract nor they deposited the balance sale consideration in Court to show their bona fide i.e readiness and willingness - Moreover, plaintiffs were not able to mobilise funds even to pay Court..........
Suit for possession -- Earlier suit of plaintiff for permanent prohibitory injunction was dismissed reserving right to plaintiff to recover possession in accordance with law as defendants found to be unauthorized possession - Plaintiff thus, filed a suit for possession - Defendant did not file any counterclaim or initiate any proceedings against plaintiff - Subject matter..........
Evidence Act, 1872, Section 90 -- Sale deed - Executed in the year 1965 - Objections as to fraud and misrepresentation - Plaintiff neither pleaded nor proved as to how consideration of sale deed was paid - No evidence as to who was the deed writer of sale deed or before whom the document executed - Sale deed executed between father of plaintiff or defendant no.1, but no..........
Constitution of India, 1950, Article 226 -- Registration of sale-deed - Requirement - Dispute regarding title of land - Registering authority is not empowered to adjudicate title of vendor - If a person presents sale-deed for registration registering authority shall examine whether it complies with requirements in law or not and shall take a decision...........
Transfer of Property Act, 1882, Section 55 -- Auction sale - Non-deposit of balance amount - Forfeiture - Buyer not asked the bank to make available title deeds of premises in question for inspection before submission of bid - Nor pointed out any irregularity before submitting bid and before removing plant and machinery therefrom - Property was sold by bank on `AS IS WHERE..........
Registration Act, 1908, Section 17, Transfer of Property Act, 1882, Section 54 -- Cancellation of registered sale deed - Can only be done by a registered document as unregistered document has no legal value...........
Transfer of Property Act, 1882, Section 54, Specific Relief Act, 1963, Section 31 -- Cancellation of sale deed - When sale deed in question continues to be valid and defendant had become owner of suit property, suit of plaintiff seeking cancellation of sale deed is not maintainable...........
Limitation Act, 1963, Article 59 -- Limitation - Suit for declaration that sale deed in question is null and void - Sale deed in question was sought to be cancelled after more than 18 years of its execution and registration - Suit held barred in view of Art.59 of Act as cancellation of sale deed is to be sought within three years from the date of its execution...........
Transfer of Property Act, 1882, Section 52 -- Lis pendens - Pendente lite transferee is bound by the orders passed against their transferor - If title of transferor itself is not found, as such no title can accrue to pendente lite transferee - In such circumstances giving opportunity of hearing to pendente lite transferees is a mere formality as no useful purpose would be..........
Land Acquisition Act, 1894, Section 4, 6 -- Acquisition of land - Subsequent purchaser - As the Land Acquisition Act is applicable to State of Tamil Nadu, it does not preclude land owners from entering into sale transactions during ongoing acquisition proceedings - But as long as acquisition proceedings are not invalidated, any agreement creating or altering or..........
