Civil Procedure Code, 1908, Section 151, Order 21, Rule 58, 59 -- Auction sale - Objections - Sale of property on lower price in view of fact that DH and JDs failed to bring best buyer, who would have paid the amount more than what the highest auction purchaser had paid despite granting opportunities cannot be said to be a material irregularity - Objections raised by..........
Specific Relief Act, 1963, Section 34, Civil Procedure Code, 1908, Section 47, Order 21, Rule 90 -- Suit for declaration of tile - Plea that auction sale is not binding on ground of fraud - Remedy for setting aside sale on ground of irregularity or fraud is by way of filing application U.O.21.R.90, S.47 CPC and not by filing a civil suit...........
Transfer of Property Act, 1882, Section 54 -- Sale deed - Merely because sale deed was not given effect in the revenue record, same does not extinguish right of purchaser...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for permanent injunction - Predecessor-i, interest of plaintiffs purchased half of suit property from predecessors-i, interest of defendants by way of registered sale deed and remaining suit land was obtained by way of exchange - Sale deed in question is proved on record - Plaintiff thus became the owner of..........
Transfer of Property Act, 1882, Section 43 -- Benefit of S.43 of the Act - Suit for declaration - Plaintiff claimed to be owner of whole of suit property by way of sale deed executed by defendant - Defendant on the other hand contended that he had only sold half share in suit property, as other half share belonged to his sister - No evidence on record that defendant had..........
Limitation Act, 1963, Section 14 -- Exclusion of time - Challenge to sale deed to be illegal and void - Time spent in mutation proceedings cannot be set off while computing period of limitation...........
Family Courts Act, 1984 -- Suit property already divided between ancestors of parties - This fact is not denied by defendant - There was thus, no question that father of plaintiff being co-owner of property when the sale deed in question was executed in favour of father of defendants after partition of property - Mere recital in the sale deed as to execution of sale deed..........
Evidence Act, 1872, Section 101, 102 -- Registered sale deed - Presumption is that it was validly executed - Onus of proof is on those who want to off set the said presumption...........
Agreement to sell -- Specific performance - Readiness and willingness - Nothing on record suggestive of fact that plaintiff ever expressed his readiness and willingness to defendant with regard to execution of sale deed after payment of balance amount of consideration - Save and except bald statement that plaintiff repeatedly asked defendant to get sale deed executed there..........
Civil Procedure Code, 1908, Order 21, Rule 86 -- Auction sale - Default in payment of auction money - Forfeiture - One time settlement executed between parties - Sale by way of auction in favour of auction purchaser set aside and fresh proclamation was ordered - Subsequent auction purchaser already deposited the amount - Forfeiture of 1/4th of entire amount of auction..........
