Re-auction -- Re-auction of land after a period of 23 years of confirmation of sale and execution of sale in favour of highest bidder, cannot be made by observing that value of property might have been much more...........
Auction sale -- Once the property is sold in public auction in favour of highest bidder, sale cannot be set aside on basis of some offer made by third party subsequently and that too when he did not participate in auction proceedings and did not make any offer...........
Auction sale -- Valuation of property - Auction was conducted and held in the year 1998 and was sold in favour of highest bidder then on payment of full consideration as per highest bid offered by him - Valuation as on date of auction is relevant consideration and not value after so many years and over two decades after conducting auction and confirming the sale...........
Auction sale -- Recovery proceedings - Non-grant of interim relief pending appeal before DRAT - Main appeal is yet to be considered by DRAT on merits - High Court has not properly appreciated the fact that what was challenged before it was regarding non-grant of any interim relief pending appeal before DRAT - High Court has decided and disposed of writ petition as if High..........
Adverse possession -- Suit for declaration of title and recovery of possession - Defendant by pleading oral sale from plaintiff's father, admitted the title of plaintiff's father - Concurrent findings on record that defendant neither entitled to title nor proved adverse possession - Plaintiff on the other hand proved title based on documents which are admitted by Courts..........
Agreement to sell -- Specific performance - Defendant admitted execution of sale agreement in his written statement but contended that same was executed only as a security - Since execution of agreement is admitted, entire burden is upon defendant to establish that sale agreement was executed only for security purposes - However, defendant failed to produce any document..........
Hindu Succession Act, 1956, Section 14(2) -- Property of female Hindu - Will - Limited estate conferred upon second wife by testator through Will with son inheriting complete estate after her lifetime - Provision of S.14(2) of the Act would come into play - Second wife thus, only had a life interest in her favour, which would not convert into absolute ownership - Sale..........
Civil Procedure Code, 1908, Order 7, Rule 11, Partnership Act, 1932, Section 69(2) -- Rejection of plaint - Suit for declaration and injunction - Sale transaction in question not arising out of business of firm - Suit is for enforcing right of avoidance of a document on the ground of fraud and misrepresentation and also the statutory right of seeking declaration and..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration that sale deed is null and void - Sale deed executed on basis of Power of Attorney which original plaintiff no.3 never executed - There was specific denial of very existence of Power of Attorney - Onus was thus, on defendants to have either produced Power of Attorney on record or to have led cogent evidence to..........
Land Acquisition Act, 1894, Section 18 -- Acquisition of land - Determination of compensation - Market value of land - Land in question is close to developed residential or commercial or industrial area - There is no evidence that sale exemplars are in any way comparable to land acquired - High Court erred in law in holding that since land of sale exemplars is of irrigated..........
