August 2019

Specific Relief—Suit for Ownership—Courts must make sincere attempt to lift the veil and expose the sinister design even in civil litigation.

By | August 14th, 2019|Specific Relief Act|

Comments Off on Specific Relief—Suit for Ownership—Courts must make sincere attempt to lift the veil and expose the sinister design even in civil litigation.

Agreement to Sell—Sale deed—Setting aside of—Once an agreement to sell is followed by execution and registration of the sale deed, the sale deed cannot be set aside only on the ground that there is some suspicion in the execution of the agreement to sell—The sale deed is executed and registered before the Registration Authority—Once a sale deed has been executed, the agreement to sell pales into insignificance

By | August 4th, 2019|Specific Relief Act|

Comments Off on Agreement to Sell—Sale deed—Setting aside of—Once an agreement to sell is followed by execution and registration of the sale deed, the sale deed cannot be set aside only on the ground that there is some suspicion in the execution of the agreement to sell—The sale deed is executed and registered before the Registration Authority—Once a sale deed has been executed, the agreement to sell pales into insignificance

July 2019

June 2019

Pronote executed by a partner of firm-In absence of having undertaken any obligation binding the legal heirs to repay; legal heirs are not liable to be impleaded

By | June 27th, 2019|Specific Relief Act|

Comments Off on Pronote executed by a partner of firm-In absence of having undertaken any obligation binding the legal heirs to repay; legal heirs are not liable to be impleaded

Rejection of Plaint—Rejection does not preclude presentation of fresh suit if the first one is rejected on any of the grounds given in 0.7 R.ll CPC Forcible Dispossession—It does not necessarily mean physical removal by manhandling—Dispossession stands proved once it is shown that the occupant of the suit property was not allowed to enter it by any means

By | June 22nd, 2019|Specific Relief Act|

Comments Off on Rejection of Plaint—Rejection does not preclude presentation of fresh suit if the first one is rejected on any of the grounds given in 0.7 R.ll CPC Forcible Dispossession—It does not necessarily mean physical removal by manhandling—Dispossession stands proved once it is shown that the occupant of the suit property was not allowed to enter it by any means

May 2019

April 2019

March 2019

Specific Relief Act, 1963, S.34–Suit for Partition-Oral partition without causing entry in the revenue record or the records of the revenue authority would not confer joint ownership.         

By | March 29th, 2019|Specific Relief Act|

Comments Off on Specific Relief Act, 1963, S.34–Suit for Partition-Oral partition without causing entry in the revenue record or the records of the revenue authority would not confer joint ownership.         

Specific Relief Act, 1963, S.34–Suit for Possession-Plaintiff is in possession—Claim by defendant no.2 on being licensee—As per revenue records ownership lies with panchayat—In the absence of any grant by original licensee, subsequent licensee cannot be branded as a licensee

By | March 29th, 2019|Specific Relief Act|

Comments Off on Specific Relief Act, 1963, S.34–Suit for Possession-Plaintiff is in possession—Claim by defendant no.2 on being licensee—As per revenue records ownership lies with panchayat—In the absence of any grant by original licensee, subsequent licensee cannot be branded as a licensee

Agreement to Sell-No evidence has been led to believe the thumb impression or circumstances as to how they appeared on the agreement to sell-No sane person, on receipt of the notice of the plaint, would sit idle, rather would make all efforts in case there is an attempt of forgery on the part of the opposite party-No such effort has been made in this case, therefore, adverse inference of the receipt of amount towards the security loan is the correct appreciation

By | March 28th, 2019|Specific Relief Act|

Comments Off on Agreement to Sell-No evidence has been led to believe the thumb impression or circumstances as to how they appeared on the agreement to sell-No sane person, on receipt of the notice of the plaint, would sit idle, rather would make all efforts in case there is an attempt of forgery on the part of the opposite party-No such effort has been made in this case, therefore, adverse inference of the receipt of amount towards the security loan is the correct appreciation

Agreement to Sell-Refund of earnest money—After non execution of sale deed on target date, due to illness of purchaser, seller sold land to third party—But there was exchange of communication immediately after the expiry of target date which establishes that party had intention to purchase—Court rightly directed refund of earnest money

By | March 28th, 2019|Specific Relief Act|

Comments Off on Agreement to Sell-Refund of earnest money—After non execution of sale deed on target date, due to illness of purchaser, seller sold land to third party—But there was exchange of communication immediately after the expiry of target date which establishes that party had intention to purchase—Court rightly directed refund of earnest money

Agreement to Sell—Earnest Money—Once readiness and willingness had not been proved, earnest money deemed to have been forfeited

By | March 15th, 2019|Specific Relief Act|

Comments Off on Agreement to Sell—Earnest Money—Once readiness and willingness had not been proved, earnest money deemed to have been forfeited

Suit for ownership—Once the original sale deed has been produced and has come on record, the court cannot refuse to look into said document in favour of the plaintiff merely because it has been produced by the defendant

By | March 9th, 2019|Specific Relief Act|

Comments Off on Suit for ownership—Once the original sale deed has been produced and has come on record, the court cannot refuse to look into said document in favour of the plaintiff merely because it has been produced by the defendant

January 2019

Suit for declaration—Once a suit for mandatory injunction and in alternative possession has been filed claiming that the plaintiff is owner of the property on the basis of five registered sale deeds, the relief of declaration was implicit

By | January 28th, 2019|Specific Relief Act|

Comments Off on Suit for declaration—Once a suit for mandatory injunction and in alternative possession has been filed claiming that the plaintiff is owner of the property on the basis of five registered sale deeds, the relief of declaration was implicit

December 2018

Specific Relief Act, 1963, S.34–Suit for Recovery-Friendly Loan-Dishonour of Cheque—Suit for recovery against legal heirs of borrower, who issued cheque for repayment of friendly loan but died before presentation of cheque—Held; there is nothing on record to show that the amount in question was advanced as a loan—There was no writing effected, no pronote or receipt prepared-­ Plaintiff admitted that not even an entry in any note took was made by him

By | December 14th, 2018|Specific Relief Act|

Comments Off on Specific Relief Act, 1963, S.34–Suit for Recovery-Friendly Loan-Dishonour of Cheque—Suit for recovery against legal heirs of borrower, who issued cheque for repayment of friendly loan but died before presentation of cheque—Held; there is nothing on record to show that the amount in question was advanced as a loan—There was no writing effected, no pronote or receipt prepared-­ Plaintiff admitted that not even an entry in any note took was made by him

November 2018

Specific Relief Act, 1963, S.20~Agreement to Sell-Specific Performance-If the owner is having imperfect title and enters into the contract, on getting clear title, he is bound to execute and honour the agreement—Transfer of Property Act, 1881, S.43.

By | November 29th, 2018|Specific Relief Act|

Comments Off on Specific Relief Act, 1963, S.20~Agreement to Sell-Specific Performance-If the owner is having imperfect title and enters into the contract, on getting clear title, he is bound to execute and honour the agreement—Transfer of Property Act, 1881, S.43.

Specific Relief Act, 1963, S.34–Suit for Declaration-Co-ownership-Once it is established that the property has been partitioned by the owners and converted into plots, the concept of co-ownership in a joint khata cannot be invoked to hold that the parties are joint owners

By | November 29th, 2018|Specific Relief Act|

Comments Off on Specific Relief Act, 1963, S.34–Suit for Declaration-Co-ownership-Once it is established that the property has been partitioned by the owners and converted into plots, the concept of co-ownership in a joint khata cannot be invoked to hold that the parties are joint owners