Agreement to sell -- Specific performance - Plaintiffs have proved due execution of agreement to sell - Defendants on the other hand could not probablize their defence that agreement to sell was loan document and not the agreement to sell - Defendant nos. 2 and 4 have taken self contradictory stand in their written statement - Loan transaction as alleged by defendant not..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Encroachment - Land demarcated by Revenue Authorities before filing suit - However, Tehsildar, who conducted demarcation died before plaintiff could conclude his evidence - Fresh demarcation by Revenue Authorities will take indeterminate period for adjudication - Trial Court to appoint Revenue Officer as..........
Transfer of Property Act, 1882, Section 52 -- Lis pendens - Suit for permanent injunction filed on 21.07.2003 and an order of injunction obtained on 28.07.2003 - As on 21.07.2003 doctrine of lis pendens would take its effect...........
Transfer of Property Act, 1882, Section 52 -- Transfer pendente lite - Release deed and sale deed executed during pendency of suit for permanent injunction and during operation of temporary injunction order - Subsequent purchasers will be bound by lis pendens and cannot claim they are bonafide purchasers for valuable consideration ...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to child - Paternity of child disputed by father - Parties are husband and wife, as suit for declaration of divorce filed by father is dismissed and an appeal is pending, which means that parties are still husband and wife - Child is thus, born during subsistence of marriage - Taking into account the income of..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to child - Paternity of child disputed by father - Parties are husband and wife, as suit for declaration of divorce filed by father is dismissed and an appeal is pending, which means that parties are still husband and wife - Child is thus, born during subsistence of marriage - Taking into account the income of..........
Registration Act, 1908, Section 17, 49Proviso -- Unregistered agreement to sell - Suit for specific performance - Agreement to sell though unregistered can be accepted in evidence for collateral purpose in a suit for specific performance...........
Partition suit -- Will - Whenever a Will is projected in defence in the suit for either declaration or partition, there need not be a prayer for setting aside the Will - Dismissal of suit on the ground that there is no prayer for setting aside Will is unknown to law...........
Partition suit -- Entire evidence of suit recorded in the absence of defendant No.3, who is newly impleaded - Defendant No.3 is the legatee under Will as produced by defendants - He would be entitled to file written statement projecting whatever defence that is open to him and also let in evidence - De novo trial of case directed...........
Civil Procedure Code, 1908, Section 144 -- Restitution of possession - S.144 CPC is applicable with regard to dispossession pending suit or when decree is varied or reversed in appeal - Post decree possession in a decree for permanent injunction have to be redressed in an enquiry U.O.21.R.32 CPC - Since the violation alleged is continuing one, there is no time limit for an..........
