Land Acquisition Act, 1894, Section 4, 6 -- Land acquisition - Market value - Market value is the price that a willing purchaser would pay to a willing seller for the property having due regard to its existing condition with all its existing advantages and its potential possibilities when led out in most advantageous manner excluding any advantage due to carrying out of..........
Madras City Tenants Protection Act, 1921, Section 1(1), 9, Civil Procedure Code, 1908, Order 47, Rule 1 -- The Act gave rights to tenants to purchase the site - Trial Court decree directing landlord to sell site to tenant - Before sale deed could be executed there was a amendment made in the Act which exempted the buildings of Religious Institutions from provisions of the..........
Hindu Law -- Alienation - Duty of purchaser - Onus of proof is on the purchaser to prove that property was alienated for legal necessity or that he had made proper and bonafide enquiry as to existence of legal necessity - If sale is not for legal necessity it will not bind the other members of the family...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Suit for specific performance - Restraining defendant from dispossessing plaintiff as possession is alleged to be delivered at the time of execution of agreement of sale - Only earnest money paid and sale deed yet to be registered - No prima facie case in favour of plaintiff - Right of plaintiff..........
Specific Relief Act, 1963, Section 15, 22, 31 -- Agreement to sell - Specific performance - Agreement dated 5.12.1980 executed between parties - Another agreement dated 20.12.1981 executed between deceased/appellant No.1 with landowners - Held, that rights of appellants to seek specific performance of agreement u/s 15 of the Act flowing from agreement dated 5.12.1980 was..........
Eviction petition -- Arrears of rent - Sale of premises during pendency of revision petition - Arrears of rent not assigned - Vendees cannot seek ejectment of tenant on ground of non-payment of arrears of rent and thus have no locus standi to pursue the revision-petition on this ground...........
Eviction petition -- Personal necessity - Sale of premises - Ground of personal necessity no more survives...........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 90 -- Execution - Objections - Dismissed for default - Attached property ordered to be auctioned - Application for restoration of objections filed - Application for stay of auction rejected - Property auctioned - Execution pending for consideration of application for restoration of objections and also for submission of..........
Stamp Act, 1952, Section 17, 2(12), 3 -- Stamp duty - Sale deed - Valuation - To be assessed as existing at the time of registration of sale deed and not that prevailing at the time when parties entered into agreement to sell - Simply because the matter had been in the litigation for a long time that cannot be a consideration to accept the market value of the instrument..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(v) -- Ceased to occupy - No business transacted in shop - Purchase or sale bills not produced to prove that some business was transacted in the shop - No customer produced to prove that he purchased some material from the shop in question from the tenant during the relevant period - Tenant ceased to occupy shop..........
