Civil Procedure Code, 1908, Order 34, Rule 5(1)(2), Transfer of Property Act, 1882, Section 60 -- Mortgage - Right of Redemption - Extinguishment of Right - Final Decree - High Court held that by passing of decree for sale under O 34 R 5(3), mortgage debt is merged into the decree and right to redemption is not available. Held - Final decree for sale under Order 34 R 5(3),..........
Specific Relief Act, 1963, Section 10, 20 -- Agreement to sell - Suit for possession by way of specific performance - Plea of prior agreement and bonafide purchaser raised by Defendents - Defendent No. 1 owner of the suit land - Defendent 2 and 3 his brother and nephew - Suit constested on the ground that prior to agreement with the plaintiff, Defendent No.1 entered into..........
Hindu Minority and Guardianship Act, 1956, Section 8 -- Minor's property - Sale without permission of Court - Minor's property not dealt with for the benefit of the minor - Suit by mother on behalf of minor for partial partition and for setting aside sale - Suit decree by first appellate court - Decree, upheld...........
Civil Procedure Code, 1908, Order 21, Rule 90 -- Auction sale - Inadequate price - Held, there is presumption that price fetched in court-sale is adequate, and mere inadequacy of price cannot be termed as injury, much less substantial injury so as to challenge the sale...........
Civil Procedure Code, 1908, Order 21, Rule 90 -- Auction sale - Inadequate price - Objections which could have been raised before the auction cannot be allowed to be raised for the first time after the auction of property...........
Civil Procedure Code, 1908, Order 21, Rule 72 -- Auction sale - Land purchased by near relatives of D.H. - Permission of Court - Held, as no material is placed to prove the relationship as such this plea is not available and more so for the first time in the revision petition...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for specific performance - Impleadment of a co-parcener as a party to the suit - Held, a coparcener cannot seek impleadment in the suit on the ground that he is a co-parcener - A coparcener has no right to challenge the action of Karta before the completion of sale - Application dismissed...........
Court Fees Act, 1870, Section 7(iv)(c) -- Ad-valorem Court Fee - Suit for declaration - Sale of land challenged on the plea that land was ancestral and sold without any legal necessity - Remedy of possession is essentialy a consequential relief flowing from and arising out of the declaration - Court Fee is required to be paid in terms of section 7(iv)(c) of the Act as..........
Punjab Pre-emption Act, 1913, Section 15 -- Co-sharers - Preferential right to pre-empt among co-sharer - Partial pre-emption - Suit filed by respondent/plaintiff to pre-empt the sale of land in favour of appellant - Appellant also Co-sharer in Khewat along with plaintiff - Entire land sold not included in the suit - Plaintiff has no preferential right to purchase,..........
Specific Relief Act, 1963, Section 16(c) -- Suit for specific performance - Ready and willing - In second appeal High Court reversed decree passed by trial Court and upheld by first Appellate Court on the premise that there is no pleading and proof of readiness and willingness and as regards non deposit of Rs.1500/- within one month of passing of decree as per direction of..........
