Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of subsequent purchaser - Suit for specific performance - Plaintiff cannot be compelled to implead a person in suit for specific performance against his wish, more particularly with respect to a person against whom no relief is claimed by him - Applicant/subsequent purchaser cannot be impleaded as a defendant in..........
Transfer of Property Act, 1882, Section 58(c), 54 -- Mortgage by conditional sale or sale with a condition to re-purchase - Sale and agreement to re-purchase embodied in separate documents - Defendant agreed to re-convey the property subject to repayment being made as provided in agreement of sale - Since amount was not paid by plaintiff, defendant acquired absolute right..........
Punjab Courts Act, 1918, Section 41 - - Translation of gift deed - Partition suit - Plaintiff executed gift deed in favour of his stepmother - Gift deed was originally written in Urdu and was thereafter translated to Punjabi Language and next translation was done in English as also transliteration - There would be reliance on an inaccurate document if translation and..........
Partition suit -- Property in question gifted by plaintiff to her step mother - Perusal of gift deed shows that what is sought to be gifted does not mention any lesser land than whole land - No part of land held back by plaintiff - Even translation of gift deed also shows that donee is deemed to be the owner in possession of complete land - Jamabandi was not done for half..........
Madhya Pradesh Ceiling on Agricultural Holdings Act, 1960, Section 46 - - Jurisdiction of civil Court - Civil Court has no jurisdiction to challenge the decision of Competent Authority under the Act in view of bar u/s 46 of the Act - Civil suit held, not maintainable...........
Easements Act, 1882, Section 41 -- Extinction on termination of necessity - Right of use of passage - Defendants have been granted right of use of passage in sale deed - It is not easement of necessity being claimed by defendants - It is right granted to defendant No.2 in sale deed - Rights of parties have to be adjudicated upon as they exist on date of filing of suit -..........
Civil Procedure Code, 1908, Order 37, Rule 5(3) -- Summary suit for recovery - Conditional leave to defend - Factum of commercial relations between parties may be ground for institution of summary suit, but cannot per se be justification for grant of conditional leave sans proper consideration of defence from materials on record...........
Civil Procedure Code, 1908, Order 37, Rule 5(3) -- Summary suit for recovery - Conditional leave to defend - If Court is satisfied of a plausible or probable defence and which defence is not considered a sham or moonshine, but yet leaving certain doubts in the mind of Court, it may grant conditional leave to defend - There is thus, an element of discretion vested in Court..........
Civil Procedure Code, 1908, Order 37, Rule 5(3) -- Summary suit for recovery - Conditional leave to defend - Commercial dealing between parties - Summary suit for recovery filed during pendency of prosecution under N.I Act, which was subsequently unconditionally withdrawn - Plaintiff had option to institute a summary suit at very inception of dispute, but it consciously..........
Civil Procedure Code, 1908, Section 47 -- Execution - Objections - Consent decree - Objections (i) that consent order was obtained by concealing material facts which was in the nature of fraud; (b) that no decree was drawn after passing the consent order; (c) suit in which consent order was passed was not maintainable in view of S.50 of Delhi Rent Control Act - Held, all..........
