Transfer of Property Act, 1882, Section 41 -- Bonafide purchaser for consideration - Requirements - Agreement to sell - Before the date fixed for execution of sale deed, property sold by vendor to subsequent vendee - Suit for specific performance by original vendee - In the written statement by subsequent vendee vague plea taken to the effect that he was not having..........
Co-sharer -- Joint land - Sale by co-sharer - Exclusive possession of the portion of the land - Can deliver the possession of said land to the vendee at the time of sale...........
Haryana Ceiling on Lands Holdings Act, 1972, Section 8 -- Land declared surplus in the year 1960 under Punjab Security of Land Tenures Act, 1963 - Landowner in the year 1965 sold 93K 11M land from the land declared surplus - Vendee further sold 63K 12M land in 1966 -Sale pre-empted vide decree dt. 11/12/1967 - Out of 63K 12M of land, 33K 4M allotted to eligible persons in..........
Haryana Ceiling on Lands Holdings Act, 1972, Section 18, 19 -- Review vis-a-vis correction of clerical errors - Scope of - 17.40 Std acres of land declared surplus under Punjab Security of Land Tenure Act, 1953 - Land declared surplus under the Act of 1953 vest in State u/s.12(3) of the Haryana Act of 1972 - 93K 11M land sold from the land declared surplus - Vendee further..........
Punjab Land Revenue Act, 1887, Section 31, 34, Punjab Land Record Manual -- Para 7.17 and 7.19 - Mutation on the basis of sale deed - Relevancy of Possession - Vendee applied for sanction of mutation on the basis of registered sale deed - Vendee not in possession - Suit for getting possession of land purchased filed in Civil Court - In terms of Para 7.17 mutation cannot be..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for specific performance - In a suit for specific performance of contract only the vendor and vendee or lesser or lessee as the case may be are necessary and proper parties - Third party can only be impleaded if due to subsequent event the third party gets vested right in the suit property...........
Haryana Relief of Agricultural Indebtedness Act, 1989, Section 2(g), Clause (vii), (viii), 17(b) -- Loan for purchase of Tractor - Failure to pay loan - Suit for recovery by bank - Decreed - Execution - Objections filed by J.D. that execution is not maintainable in terms of sec. 17(b) - Accepted by Ld. Executing Court holding that the loan advanced by the bank is not price..........
Civil Procedure Code, 1908, Section 2(12) -- Mesne profits - Sale deed in respect of half portion declared void - Vendee not in wrongful or unlawful possession - Mesne profits cannot be claimed...........
Civil Procedure Code, 1908, Order 1, Rule 10, Specific Relief Act, 1963, Section 19 -- Suit for specific performance of Agreement to sell - Necessary and proper party - Applicants impleaded as necessary party by trial Court - Order challenged in revision - Allegation regarding collusion between vendor & vendee, forged & fabricated agreement & agreement to sell by vendor..........
Possession -- Rights of perspective vendee - Land leased to plaintiff/respondent - Subsequently mortgaged - Later on parties entered into an agreement to sell - Suit for specific performance by vendee - Application for interim injunction - Plaintiff/respondent in lawful possession of land - Defendant/petitioner restrained from taking possession illegally and forcibly -..........
