Civil Procedure Code, 1908, Section 96 -- Appeal - By a person not party to suit - Suit for specific performance - Appellants claimed to be joint owners of property which was decreed in favour of plaintiff - They would naturally be bound by impugned decree and would be actually aggrieved persons - Appellant's title to joint ownership of suit property is not being decided..........
Agreement to sell -- Specific performance - Readiness and willingness - Plaintiff being agreement holder has parted with Rs.13,00,000 out of 23,00,000 and remains silent for a period of 2-1/2 years after defendant sends a reply notice stating that he is not in a position to convey good title in respect of one of items of suit property - There is absolutely no answer on..........
Agreement to sell -- Agreement to sell or an agreement of re-conveyance - Specific performance - It is implicit that plaintiff has to accept the title of defendant...........
Agreement of re-conveyance -- Specific performance - It is implicit that plaintiff has to accept the title of defendant - However, in the instant case plaintiff in his pleadings and in his evidence has taken the plea that defendant has no right, title and interest in the suit property - Considering the frame of suit and stand taken by plaintiff in plaint and in evidence,..........
Suit for possession -- Suit for possession and mesne profits - Suit filed on the basis of agreement to sell, Power of Attorney, an Affidavit and a Will - No title can be transferred with respect to immovable property on the basis of an unregistered agreement to sell or on the basis of an unregistered General Power of Attorney - Even if agreement to sell and power of..........
Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Impleadment of intervenor - Suit for specific performance - Respondent purchased the share of defendant and got valid and legal title of suit property - He is thus, a necessary and proper party to suit - Application for impleadment of respondent rightly allowed...........
Agreement to sell -- Specific performance - Defendant having no absolute right and title over the suit property to sell the same - Agreement of sale is unenforceable. (Specific Relief Act, 1963, S.17)..........
Agreement to sell -- Specific performance - Vendor if subsequently acquires title/interest in the property - Any person who enters into an agreement to sell by representing himself to be the owner of the property, is bound to honour such agreement, if he subsequently acquires title/interest in the said property. (Transfer of Property Act, 1882, S.43)..........
Specific Relief Act, 1963, Section 19(b) -- Bona fide purchaser - Suit for declaration of title - Decree for specific performance obtained by plaintiff in earlier suit behind the back of a bona fide purchaser, as transaction had taken place prior to institution of suit for specific performance - Plaintiff had knowledge of transaction with respect to suit land between third..........
Agreement to sell -- Specific performance - Vendor in a suit for specific performance cannot set up a defence of defect in title...........
