Transfer of Property Act, 1882, Section 58(c) -- Proviso - Mortgage by conditional sale - Transaction shall not be deemed to be a mortgage unless condition is embodied in the document which effects or purports to effect the sale...........
Transfer of Property Act, 1882, Section 58(c), 54 -- Mortgage by conditional sale or sale with an option to repurchase - Two separate documents were executed i.e one was sale deed and re-conveyance deed - It is clearly mentioned in re-conveyance deed that property had already been sold but right to purchase the property was given within a period of 5 years on payment of..........
Transfer of Property Act, 1882, Section 54 -- Sale deed - Cancellation of sale deed - Where it is alleged that document of sale is void, then no cancellation would be necessary and such a document can be ignored under law - Cancellation of a sale deed would be necessary only where it is alleged to be voidable on facts...........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration of ownership and permanent injunction - Plea of non est factum - Plaintiffs claimed to be absolute owners thereby denying not only correctness of Power of Attorney in favour of defendant but also subsequent execution of sale deeds by Attorney - Defendant transferred the property in favour of his father and..........
Land Acquisition Act, 1894, Section 23 -- Acquisition of land - Compensation - Market value of acquired land - High Court duly considered all sale instances and has relied upon sale instances of 1991 and 1992 which were close proximity to the date on which lands in question were acquired - Cut of one third was imposed by High Court - Assessment of market value so..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Partition suit - Serious triable issues arise in the case which need to be determined in the course of trial - Creating third party interest inducting third party by way of sale or otherwise would complicate the matters further - Preservation of property as it exists is therefore necessary and in the..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for declaration that plaintiff is co-owner of suit property - Plaintiff produced all payments receipts which proves the payment of money by him before sale deed - Defendant on the other hand not mentioned about payments made by him as alleged in written statement - Plaintiff rightly held to be co-owner of suit..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for declaration and permanent injunction - Disputed abadi was sold by means of sale deed - DW6 admitted that there is a dilapidated structure on abadi which corroborates the recital in sale deed that Malwa existed over sold land - Site plan also corroborates description of Abadi given in sale deed - Courts..........
Agreement to sell -- Specific performance - Conduct of parties - Plaintiff chasing the defendant to execute sale deed - It is a relevant fact to grant relief of specific performance...........
Agreement to sell -- Specific performance - 92% of sale consideration paid - Plaintiff has performed almost whole of his obligation under suit agreements - He remained present before Sub-Registrar for execution of sale deed but defendant did not appear - This conduct of plaintiff in chasing defendant to execute a sale deed is relevant - Defendant had been trying to evade..........
