Transfer of Property Act, 1882, Section 58(c) -- Mortgage by conditional sale or sale with an option to repurchase - Agreement though styled as a sale deed for a consideration of Rs.700 but an ostensible sale containing a clause for re-conveyance - Language used in agreement conveys that plaintiff did not intend to relinquish right, title and claims to his lands -..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleading a party - Suit for declaration of title and setting aside sale deed in question - Respondent no.3 is neither a transferee nor does she have right to challenge the transfer, as she claims as an agreement purchaser - Presence of respondent no.3 is not even necessary to convey or pass on any title to any of parties to..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for cancellation of sale deed on the ground of fraud and misrepresentation - Plaint rejected by holding that dispute between parties involve adjudication of question of title in respect of agricultural land - Held, a suit for cancellation of sale deed is cognizable before civil Court as per..........
Civil Procedure Code, 1908, Section 10, 151 -- Stay of suit - Plaintiff filed suit of eviction by claiming title through a sale deed - Defendant after institution of present suit filed a suit for declaration that sale deed was void - Court of Small Causes is a Court of limited jurisdiction and its judgment and decree based on landlord tenant relationship is always subject..........
Agreement to sell -- Specific performance - Fact of deposit of title deed in bank not disclosed in agreement - Even after receiving considerable sale consideration defendant has not cleared the dues with the bank - On the contrary, defendant entered into an agreement for sale with another person - Thus defendant was not ready with the original title deed and property is..........
Specific Relief Act, 1963, Section 38 -- Suit for perpetual injunction - Suit property a road - False claim of title - Unregistered sale deed, not reliable - Injunction cannot be granted on basis of such document...........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Bar of limitation - Suit for possession on the basis of title - Possession of defendants become adverse on the execution of sale deed in 1987 - Aspect of knowledge being obtained by plaintiffs of such transaction would not come into play - Period of limitation would commence from 1987 - Suit filed in..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for permanent and mandatory injunction - Plaintiff claimed his right and title over suit property on the basis of sale deed executed in his favour - Defendant on the other hand himself admitted that no ownership was transferred in his favour - Neither name of defendant was shown in revenue records nor any case..........
Agreement to sell -- Specific performance - Subsequent purchasers - Having knowledge of execution of sale agreements - No steps were taken by subsequent purchasers to inquire about whereabouts of original title deed - Conduct of defendants themselves indicates that subsequent purchasers are not bona fide as sale deed came to be executed and registered with unusual haste -..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 406, 411, 465, 467, 468 -- Quashing of FIR - Cheating - Property dispute - Sale deed in question executed by accused in favour of complainant`s wife and she further executed same in favour of third party - Title was clear - No case of misrepresentation - Contention of complainant that some..........
