Mutation -- Co-sharer - Mutation challenged - Mutation not in accordance with the contents of the sale deed - Held, co-sharer has a right to challenge the same...........
Agreement to sell -- Subsequent purchasers - Vendees did not enter into an agreement - Unusual haste with which the sale-deed was executed and registered and the other circumstances point out towards only one conclusion that the vendees had the notice of the previous agreement to sell. (Specific Relief Act, 1963, S.19)..........
Family settlement -- Brothers - It is not necessary that all brothers be present at the settlement - One of the brothers living in London can authorise his other brothers to settle disputes - One of the, brothers selling property to appellant - Sale deed registered for valid consideration - Vendee gets valid title to the property - Respondent, a tenant is bound by title -..........
Will -- Will or settlement deed - Right and interest created in prasenti - Held, it is settlement deed and not Will...........
Agreement to sell -- Suit for specific performance - Limitation - Time not the essence of the contract - Appellant by conduct refused to execute the sale deed on July 19, 1976 and the suit Tiled on July 20, 1976 - Held, suit is filed within time. (Limitation Act, 1963, Article 54)...........
Agreement to sell -- Suit for specific performance - Agreement to sell did not stipulate the date for performance - It is settled law that unless the deed of agreement of sale stipulated a date for performance, time is not always essence of the contract...........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Issue in suit related to the legality, validity and binding nature of a gift deed executed by `B' - `B' was in possession of property throughout - High Court opined that the question of possession and the question of title are two different things - Apex Court while upholding the decision of the High Court, held that..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Concurrent findings of the Courts below that sale deed in favour of the first defendant is earlier in point of time and was genuine and valid - It is a Finding of fact - It is not open to challenge in second appeal...........
Sale deed -- Misdescription of property - The real intention of the parties has to be gathered from the surrounding circumstances as well as the sale deed - Whenever there is a conflict in the description of property in a sale deed or any other instrument, so far as plot number, Khata number and boundaries are concerned, generally the boundaries are to prevail...........
Hindu Adoptions and Maintenance Act, 1956, Section 16 -- Registered adoption deed - Proof - Presumption is attached to registered adoption deed only unless and until it is disproved - Presumption is rebuttable - Mere placing the document on record without proving ceremonies of due adoption, it cannot be held that there was a valid adoption - Natural father of the alleged..........
