Madhya Pradesh Ceiling on Agricultural Holdings Act, 1960, Section 11, 46 -- Surplus land - Disclosure of pendency of civil suit - Civil suit of title decreed in favour of mother-in-law of appellant - No notice was issued to her - Effect of decree in favour of mother-in-law is that appellant loses right to hold that land and his total land holding comes within ceiling..........
Specific Relief Act, 1963, Section 38 -- Suit for permanent injunction on basis of agreement to sell - Plea of defendant that suit is pre-mature - Suit filed alleging that defendant refused not only to accept balance payment but also refused to execute sale deed - Even, it is pleaded that defendant is trying to alienate property - In such circumstances, suit for injunction..........
Specific Relief Act, 1963, Section 38 -- Suit for permanent injunction on basis of agreement to sell - Plea of defendant that cheque of Rs.5,00,000/- was never handed over - Some part of earnest money was paid in cash whereas remaining amount paid through cheque - Cheque has never been dishonoured - Even, in agreement to sell details of cheque drawn on particular bank..........
Limitation Act, 1963, Article 58 -- Limitation - Suit for declaration by minor - Suit filed by minor within 3 years of attaining majority held, not barred by limitation...........
Joint Hindu Family property -- Suit for declaration that plaintiff is owner of suit land to the extent of 3/10th share - Plaintiff failed to lead reliable evidence that suit property is coparcenary property - He has not examined any elder member of family or villager - There is no evidence that grandfather of plaintiff had ever thrown self acquired property in common..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendant from dispossessing plaintiff from suit property - No proof of possession by plaintiff - Possession ordinarily follows title and for success plaintiff should have produced some evidence to show that he is in possession - Temporary injunction rightly declined...........
Agreement to sell -- Specific performance - Agreement primary security for advancement of loan and not an agreement to sell simpliciter - Decree for refund of amount paid alongwith interest at the rate of 7% per annum from the date of filing of suit till date of actual payment, upheld...........
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 22, Rule 10 -- Impleadment of a party - At appellate stage - Suit for possession - Patta issued in favour of plaintiff was cancelled way back in 1978 - Plaintiff neither in possession of suit property nor had any title - Subsequently qua the suit property patta had already been issued in favour..........
Civil Procedure Code, 1908, Section 151 -- Reopening of evidence - Evidence of defendant was closed, as defendant and his counsel remained absent - Application for reopening of evidence filed one year after suit was posted for arguments - No affidavit of defendant filed in support thereof nor any reason assigned for not filing one - Explanation offered by defendant for not..........
Specific Relief Act, 1963, Section 38 -- Permanent prohibitory injunction - Obstruction of pathway by threatening to extend wall - Wall was in existence prior to filling of suit - No evidence on record to even suggest as to on which date threat was given to extend wall - Plaintiffs utterly failed to prove that any threat was ever extended by defendants to extend the wall -..........
