Agreement to sell -- Specific performance - Time when essence of contract - Sale agreement containing stipulation that execution of regular sale deed shall depend upon vendee getting satisfied regarding title to land, so also the nil encumbrance - Mode of payment of balance consideration in installments, with date on or before which, each installment was to be payable..........
Contract Act, 1872, Section 52 -- Reciprocal promise - Order of performance - Agreement when provides that vendor shall make out to the satisfaction of the purchaser a good, marketable and subsisting title and provide all documents as required by the purchaser to satisfy him about the title of the vendor, that the vendor shall obtain a certificate of clearance from a..........
Specific Relief Act, 1963, Section 38 -- Suit for injunction - Restraining defendants from obstructing peaceful possession of suit property - Entry in register of Panchayat that defendant purchased suit property from its owner whose name was entered as owner in the register - Defendant acquired title on the basis of sale deed - Principle that possession follows title,..........
Transfer of Property Act, 1882, Section 54, 55(4)(b) -- Sale - Execution of sale deed though entire consideration not paid to vendor - Title of property does not pass to purchaser where intention of parties is that passing of title will depend upon passing of consideration - However, evidence is admissible for purpose of contradicting recital in deed acknowledging the..........
Specific Relief Act, 1963, Section 38, 34, Civil Procedure Code, 1908, Order 14, Rule 1 -- Suit for permanent injunction - Issue regarding title not framed - On the basis of pleadings of defendant in his written statement issue was framed that as to whether plaintiff is owner in possession of suit land - No challenge was made to the validity of sale deed in favour of..........
Civil Procedure Code, 1908, Order 13, Rule 4 -- Marking of document - Seeking exhibit number for sale deed - In title Suit original defendants were claiming share in land by virtue of sale deed - Whenever any document is presented before the trial Court and especially when it is an original one and also when it is referred with affidavit, exhibit number ought to have been..........
East Punjab Urban Rent Restriction Act, 1949, Section 13A -- Eviction petition u/s 13-A of the Act - Purchase of property a day earlier to retirement - Plea of tenant that if a tenant is not inducted by the person filing the petition or it is not proved that he ever received rent from him, then there was no relationship of landlord and tenant between the parties and..........
Registration Act, 1908, Section 32, 32A, 34A -- Unilateral cancellation of sale deed - (i) A deed of cancellation of a sale unilaterally executed by the transferor does not create, assign, limit or extinguish any right, title or interest in the property and is of no effect - Such a document does not create any encumbrance in the property already transferred - Hence such a..........
Possession -- Suit for possession on basis of title - Suit property transferred on the basis of power of attorney which was never executed by plaintiff - Held, plaintiff is not required to seek declaration regarding power of attorney and sale deed being null and void because plaintiff is not a party to the said documents and therefore the said documents are non existent..........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Plaintiff filed suit seeking declaration of perfection of title by prescription - Plaintiff, in earlier suit, sought declaration of title on the basis of sale deed, but failed to prove - Held, subsequent suit filed, agitating same issues but on new grounds is hit by the principles of res judicata...........
