Limitation Act, 1963, Article 58 -- Bar of limitation - Plaintiff filed suit for declaration of title on basis of sale deed - Defendant earlier had filed suit seeking partition but denying sale deed as set up by plaintiff - Held, cause of action for filing suit for declaration of title arose immediately on filing earlier suit by defendant - Suit for declaration ought to..........
Specific Relief Act, 1963, Section 38 -- Suit for permanent injunction - Plea of joint ownership by defendant - Mere Revenue record alone is not sufficient to prove title and that too as against registered sale deed, which was speaking otherwise...........
Registration Act, 1908, Section 17, 49, Transfer of Property Act, 1882, Section 54 -- Immovable property - Distinction between "Sale" and "Contract for Sale" - Held, sale is complete upon execution of sale-deed and in case of an immovable property exceeding value of one hundred rupees, ownership or title to such property validly passes on to the purchaser, only upon..........
Transfer of Property Act, 1882, Section 54 -- Decree for specific performance - Effect of - Held, a decree for specific performance merely recognizes a claim for specific performance of contract, which is capable of being specifically enforced at the instance of a decree-holder - It does not create any right, title, interest in or charge on the immovable property in favour..........
Specific Relief Act, 1963, Section 34, 37, 31 -- Suit for declaration of title and injunction - Relief for cancellation of sale deed alleged to have been obtained by fraud and coercion not sought - Suit for declaration is more exhaustive to determine the title or validity of transaction - When relief of declaration of title is granted, it is in substance ignoring or..........
Specific Relief Act, 1963, Section 34, 31 -- Suit for declaration of title without seeking relief of setting aside sale deed alleged to be the result of fraud and coercion - Plaintiff claimed himself to be a weak intellect and not worldly wise - Not believable as he acquired properties, sell them and manages of his own accord and lends money to others...........
Specific Relief Act, 1963, Section 34 -- Suit for declaration - Sale deed executed and possession delivered in execution of decree for specific performance - Pendente lite transfer of property during pendency of execution proceedings - Plea of bona fide purchase for valuable consideration without knowledge of alleged defect in title and that in the suit for specific..........
Indian penal Code, 1860, Section 464, 465, 467, 468, 471 -- Execution of sale deed by a person who has no title over the property - It is fraudulent act of cheating and not execution of a false document - When it is not execution of false document there can be no forgery...........
Civil Procedure Code, 1908, Section 151, Order 41, Rule 27 -- Appeal - Additional Evidence - Rejection of application - As per petitioner, respondent No.1 has sold the premises in year 2005 and he is now no more owner of structure and has no locus-standi to file eviction petition - Petitioners have already placed on record copy of sale deed whereby respondent No.1 has sold..........
Partition suit -- Plaintiff claimed one half share in suit properties on strength of sale deed - Execution of sale deed in favour of plaintiff not specifically denied in written statement - However, defendant set up defence that predecessor-in-interest of plaintiff executed sale agreement in his favour, but died before executing regular sale deed - Even suit for specific..........
