Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Defendant claiming ownership on the basis of sale deed - Earlier sale deed was declared null and void - Once basic foundation of title had been declared null and void, then subsequent owners would also prima facie have no rightful title - Merely because defendant has raised construction, it cannot be..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Suit for declaration and injunction - There is contradiction in maps mentioned in sale deed and map annexed with application - Defendant failed to prove that sale deed is null and void - In sale deed there is clear cut demarcation of suit land - Findings of Subordinate Courts neither..........
Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Impleadment of a third party - Suit for declaration that sale deed is null and void - Applicant sought his impleadment on the basis of agreement to sell - However, he has not got any direct or legal interest involved in controversy in suit and that too when suit for specific performance or suit for declaration of a sale..........
Transfer of Property Act, 1882, Section 54, Specific Relief Act, 1963, Section 31, Indian Contract Act, 1872, Section 25, Evidence Act, 1872, Section 91, 92 -- Sale deed - Cancellation of sale deed - Sale deed alleged to be executed under coercion and threat and without receiving any consideration - In the sale deed, it is mentioned that sale consideration was received by..........
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..........
Transfer of Property Act, 1882, Section 54 -- Sale deed by power of attorney holder - Plea of breach of duty by selling property below the agreed price by power of attorney holder - Cannot invalidate sale or render it null and void as perusal of the power of attorney will make it clear that any restriction on the price is conspicuous by its absence in the power of..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration that sale deed is null and void - Sale deed executed in excess acquired under the Will - Will, held not revoked, by executing an agreement in between some of the beneficiaries - Held, sale is valid only to the extent of land which was bequeathed in favour of vendor under the Will - It will be open for the..........
Court Fees Act, 1870, Section 7 -- Ad valorem Court fee - Suit for declaration that sale deed is null and void - Plaintiff companies claim that they are not executor of sale deed in question - Even though, it is disputed question of fact, but same would not in any manner exempt plaintiffs from legal requirement to pay ad valorem Court fee - Plaintiffs rightly directed to..........
Civil Procedure Code, 1908, Section 151, Order 7, Rule 11 -- Rejection of plaint - Barred by limitation - Suit for declaring sale deeds as null and void - Suit filed on 22.11.2019 averring that plaintiff came to know for the first time about sale deed on 30.10.2019 - No averment in the plaint and no document on record, which shows that plaintiff had knowledge about sale..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by limitation - Suit for declaration that sale deed is null and void - Plaintiff filed the suit after 28 years from date of sale deed - Even plaintiffs stated that defendants are in permissive occupation of suit property - Suit is nothing but a vexatious and an abuse of process of Court -..........
