Posts
Showing posts from March, 2024
Hindu male died intestate leaving behind his wife and two sons and three daughters on 1946 - Daughters claim share on mother's share as enlarged under section 14 - Court held that, before 1947 Act, Widow can't claim right in husband's agricultural land - suit dismissed.
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Hindu Law - Valid adoption - Performance of 'datta homam' was imperative, subject to just exceptions - Adoption of a daughter is impermissible in law
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It is well settled that an appellate court is entitled to take into consideration any change in the law - at the time when the act come into force,the property of deceased husband being possessed by his widow - widow had full owner of her deceased husband.
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Suit for recovery of possession of mortgaged property - Three years period was fixed under mortgage deed, Dt/- 09.02.1981 -Starting point of limitation was only on expiry of three years and not date of mortgage - Even calculating limitation period as provided under Limitation Act, 1963 i.e.30 years, based on redemption, plaintiff ought to have filed suit on or before 07.02.2014 - Suit was filed on 09.06.2014 - Suit held, barred by limitation.
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Allegation Of Fraud, Collusion By Counsel After Many Years Doesn’t Render Decree Invalid: SC
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Mortgage by deposit of Title Deeds - Memorandum merely recording handing over of Title Deeds as a Security for Loan amount does not require registration.
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To make a Will except 1/3rd share of Mohammedan property consent of all legal heirs necessary - No consent by all legal heirs, Will in its entirety is invalid
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Extent of land mentioned, difference in measurement, - without physical verification of extent of property, respondent bank had auctioned property - Respondent bank directed to refund the sale amount.
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Non disclosure of existence of mortgage in proclamation is material irregularity and fraud - Court alone should inform encumbrance - sale liable to set aside
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Non disclosure of existence of mortgage in proclamation is material irregularity and fraud - Court alone should inform encumbrance - Judgment debtor played fraud on Court by suppressing mortgaging of property with 4th respondent/Bank - Petitioner/auction purchaser has no right to file petition under Order 21 rule 90, but to approach the Court by way of filing petition under section 47.
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Bank violated the mandatory provisions of SARFAESI Rules by not disclosing known encumbrances - Bank is liable to refund sale consideration to petitioner.
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Agreement executed only as a security for loan transaction not intended to be a sale agreement - Intention of parties not for sale - Attestor to instrument deposed agreement was only intended to be a security for loan transaction- No legal bar to plead that the agreement was not intended to be a sale agreement.
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No reference about suit cart track in sale deed - cloud over title of plaintiffs claim raised - plaintiffs' suit simpliciter for bare injunction not proper - plaintiffs should have sought for Declaration as regards alleged suit cart track - In the absence, suit only for relief of permanent injunction not maintainable - Easement by Grant and necessity - cause of action for both are different they do not go together.
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Agreement of reconveyance entered into between plaintiff and first defendant that if first defendant pays property should be reconveyed - First defendant admitted execution of sale deed and agreement of reconveyance, cannot be permitted to adduce evidence contrary to the recitals that sale is a nominal one executed only as a security in respect of the loan transaction - suit based upon Title - It is not necessary for plaintiff, to prove he was in possession and enjoyment of the suit property for a period of 12 years, prior to the institution of the suit .
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Court erred in accepting plea of oral partition based upon the revenue records, cannot be construed as documents of title
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Deed of assignment of a decree is not compulsorily registrable
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Suit for injunction - Title deciding of scope -plaintiffs have expressed apprehension in relation to their title It cannot be said suit is only for grant of permanent injunction simpliciter - Issue of title having surfaced in the relief clause, same is of some significance over the rights of the parties while considering the grant of reliefs.
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Application for set aside Ex Parte order after 1 year, without condone delay is not maintainable.
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Judgment debtor can challenge decree as nullity at any stage including in execution petition, if the same is obtainedby fraud - matter remanded
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underground pipeline, permission, grant of, - permission granted only as a temporary measure to put up underneath pipeline - permission duly revoked - Appellants have to remove pipeline
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It cannot be said respondent is in joint possession i.e. deemed possession alongwith petitioner she has to pay ad-valorem court fee on the market value as per section 37 (1) - to ascertain market value of the property, court has power to appoint advocate commissioner.
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suit for specific performance of sale agreement decreed challenge to by some defendants only, while submission to it by others -minor defendants who had attained majority have not chosen to challenge validity of judgment and decree of trial Court Erstwhile minors cannot now contend that judgment and decree based on submission to a decree made by the guardian is void as against them - plaintiff is not ready and willing - suit dismissed
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Suit for redemption of mortgage, Appeal - Court fee payable - Court fee should have been paid on disputed amount in appeal
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Settlement deed executed by father and mother in favour of son - father and mother retained life interest,not to take away absolute right given to son - son predeceased mother - Settlement deed not cease to have effect upon death of son - Earlier suit for permanent injunction, subsequent suit for declaration - title not disputed in earlier suit - second suit not barred under order 2 Rule 2.
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"BI" original owner left behind two sons, "A" and "B" - They derived 1/2 share - Plaintiffs and defendants are children of "A" - on death of 'B" his wife shall have same interest as her husband - As per Section 14(1) limited estate, blossomed into an absolute estate - "B" and his wife died issueless, as per Section 15(2)(b), 1/2 share on her death, devolved only on her husband's heir - "A", father of the parties being the only heir of her husband, her 1/2 share devolved on him, it is his separate property.
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Settlement deed in favour of adopted son - No specific denial made in the written statement - plaintiff is not required to examine one of the attestors - 15th defendant, legal representative of 6th defendant raised contentions which had not been taken by 6th defendant - not permissible
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In sale agreement and suit schedule,"A" and "B" items of property mistakenly added - sale agreement entered into only in respect of "C" and "D" schedule property - application filed for amendment of description of Property and sale agreement - allowed.
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Gratuity amount allowed to the pensioners alone is exempted from attachment and once the gratuity amount is lying in the hands of legal representative of the pensioners,it would come under the classification of estate in the hands of legal representative - legal representative can't seek the benefit of the above said provision.
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When a decree is operating against a person it is his duty to challenge the same - non filing of appeal deprive 1 st respondent to contes EP.
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[Suit For Partition] Final Decree Court Can Deal With Excess Land Found In Possession Of Parties Along With Extent Covered In Title Deed: Kerala HC
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Suit for Permanent Injunction - Plaintiff filed application for amendment of Plaint for including the relief of declaration of title, possession - cause of action arose when defendants filed their written statement not only denying plaintiff title but also asserting their title over suit property - amendment petition dismissed as barred by limitation.
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Objections ought to have been raised before the arbitrator - could not be allowed to be raised in execution once the award become final - No amount was paid by respondents so as to enable executing court to record it's full satisfaction.
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sale agreement, signature for comparison by expert - court can have scientific investigation in respect of disputed documents
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Once the person has availed the loan at the agreed rate of interest, then after paying out the loan amount along with the decided rate of interest, he can't claim back refund of the interest amount alleging that the higher rate of interest is charged by the Non-Banking Financial Company ("NBFCs") than fixed by the RBI.
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Plaintiffs eo-nominee parties to sale - plaintiffs should have valued under Section 40 - plaintiffs aware of sale, have not instituted suit within 3 years, barred by limitation.
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plaintiff is entitled to take inconsistent pleas i.e. claim both under the regular title as well as under the plea of adverse possession - Defendant can take inconsistent Pleading in additional written statement - co owner can't claim adverse possession.
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Re issuance of warrant without scrapping earlier report would not any way affect respondent/plaintiff.
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Circular issued in March 2024 for issuance of legal heirs Certificate to second class legal heirs.
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Judgement debtor has no locus standi to take up a new defence which has not been taken up by him earlier in the suit - Executing court should not go beyond the limit.
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Uneven distribution of assets among children on the part of the testator by itself cannot be taken as suspicious circumstance - Will need not be compulsorily registered.
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Partition suit - preliminary decree passed - after passing the preliminary decree one of the party died - without passing supplementary preliminary decree - final decree application not maintainable - there is no limitation for filing petition for final decree.
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Reciprocal promises - as per agreement the defendant ought to measure the 30 feet pathway and getting signatures from interested persons - thereafter only payment of balance sale consideration arise - fault on the side of defendant - specific Performance decreed.
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Sale Agreement - vendor required to measure property plaintiff thereafter pay balance consideration - defendant failed to perform his obligation - estopped from claiming payment of sale consideration.
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Once property derived under section 8 - it is treated as separate property -
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Settlement deed - no specific Denial of execution - examination of attesting witness is not necessary - Joint Family Property in the name of junior member - burden of proving that the properties acquired in his name were actually acquired out of his own income,is on the said junior member
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Settlement deed - execution accepted, attesting witness, examination of whether needed
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During pendency of Rent Control proceedings - Landlord sold property to third party - purchaser continued the suit - landlord tenant relationship proved - Tenant admitted the ownership of his original landlord,his tenancy with original landlord,he became purchasers tenant by operation of law.
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Tenanted Premises - suit for recovery of possession ordered - section 47 petition filed by tenant - prayer in application must be a prayer in suit or counter claim - JD who failed to raise such claim in written statement can't be allowed to raise same in section 47 petition - non seeking relief of compensation for cost of building available at the time of defence can't be claimed - Hit by order 2 Rule 2
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Preliminary decree passed - time fixed by court for filing petition for final decree - 475 days delay in filing petition - delay condoned.
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without seeking relief of declaration of title to the pathway - mere permanent Injunction not maintainable
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Application for reopen case for further cross examination - not to be permitted - PDM attur, adjourned the case for more than 15 hearings.
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Against the order passed in application under order 21 Rule 97, revision not maintainable - only Appeal maintainable
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Plaintiff can't claim adverse Possession and title simultaneously.
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Unilateral Appointment Of Arbitrator By Party: Delhi High Cout Set Aside Arbitral Award As It Contravened Section 12(5) A&C And & 7th Schedule
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Will - Life interest - In case of the death of legatee before that time, the legal representatives would be entitled to acquire the interest - N died before the right to receive the legacy had accrued, his legal representatives would be entitled to succeed to the interes
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Property inherited by wife through Will of her father - She became absolute owner of property through testamentary succession and not by inheritance - Death of wife - Husband and wife having no issue, property would devolve upon husband alone.
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Term "Inherited" - Meaning - It does not include acquisition of property under the will - word "inheritance" used in Section 14(1) also does not include "device" or a "bequest under the will.
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property owned by Hindu female is her separate property - her children has no right to claim share - plaint rejected
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Father executed settlement deed in favour of daughter - possession not handed over - Transfer of physical possession of the suit properties is not necessary - Mere factum of non delivery of settled properties would not render settlement deeds invalid.
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As per rule 9(4) balance amount of purchase price shall be paid by purchase to Authorised officer on or before 15th day from date of confirmation of sale of the immovable property or such extended period, as may be agreed upon, in writing between the purchaser and the secured creditor, in any case, not exceeding three months - on failure, deposit shall be forfeited as per rule 9(5) extension of period is not mandatory.
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plaint schedule properties are Hindu joint family ancestral properties of P and his son, the plaintiff - P would not be entitled to execute a gift deed in respect of said properties.
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Money Suit - Petition for attachment before judgment - after service of notice - 2nd respondent settled property in dispute in favour of his unmarried daughter with fraudulent intention to defeat claim of revision petitioner - subsequent sale of the property in favour of 1st respondent by unmarried daughter cannot be given effect to .
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No necessity to file an appeal when cost imposed by the Court was not paid within time - Petitioner can seek extension of time under Section 148 sufficient case shown
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Property tax revision, challenge to, Civil court's jurisdiction - would not lie - Civil suit not maintainable.
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Defendants had expressed readiness to execute documents - it is only defaulted by plaintiff stating false allegation that, measurement of property not being taken by the defendants - plaintiff not ready and willing and disentitled to relief of specific performance.
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Buyer's payment obligation and the obligation to execute the contract, was dependent upon the measurement to be conducted by the seller - Vendee entitled to the relief of specific Performance.
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Merely by including a clause "as is where is" basis or "as is what is" condition in the sale notice does not obviate the bank from disclosing the encumbrance attached to the property brought for in auction - petitioner entitled for the refund of Earnest money.
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Compromise Decree passed in the year 1964 - attained status of final decree - execution petition filed by the decree holder in 2004 after 44 years - Barred by limitation.
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On advice of counsel, party did not file application immediately - party should not suffer for inaction on part of counsel.
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Mere allegation of negligence against counsel not a ground to condone delay because party has equal responsibility to follow up matter.
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Mandatory injunction - Illegal structure, removing of - Limitation of 3 years - Suit whether barred, Defendant encroached and constructed a temporary structure in suit property in 2004 - Appellant has not proved his case that suit filed by him for relief of mandatory injunction is within a period of three years.
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No acknowledgement to suit claim, mere payment by itself would not save the limitation - Mere issuance of a cheque could not be treated as an acknowledgement of liability
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It has not been established predecessor in title of plaintiffs had title to property - parties could be gathered from parent title deeds when plaintiffs' predecessor in interest had no right or title to convey the property situated to the East of Odai and had only right and title to convey the property situated to the east of the first defendant's land Contention of the plaintiffs that they had acquired right or title to the property situated to the East of Odai as such cannot be countenanced
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Sale deed executed with condition to repurchase if the vendor paid consideration within time - vendor failed to pay consideration within time - Suit for declaration of title filed by purchaser - decreed
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Sale is purly contract between two private parties - Nothing can be pleaded in contrary to registered instrument
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Executing Court has not framed any issue regarding executability of decree of delivery when land in possession of petitioners is in the capacity of tenant whether delivery could be ordered when decree holder does not have any right over the land is a issue which is to be discussed and decided in detail.
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Property derived by the first defendant from his father could only be construed as his separate property and the same cannot be held as the ancestral - As per devolution of interest under section 8 during the life time of the father, the grand son or grand daughter cannot lay a claim of partition.
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Alienation by father/kartha - plaintiffs not seeking relief of setting aside of sale deeds as per law by affixing necessary court fees - partition barred by limitation.
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When a person is endeavouring to convey the sale deeds in respect of his properties though power of attorney deeds, the said person is deemed to be a party to such sale deeds and in such events, he ought to have filed a suit for cancellation of the said sale deeds and for the declaration that the impugned sale deeds are null and void and he ought to have paid court fee under Section 40 of the Tamil Nadu Court Fees and suits Valuation Act
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When a person is endeavouring to convey the sale deeds in respect of his properties though power of attorney deeds, the said person is deemed to be a party to such sale deeds and in such events, he ought to have filed a suit for cancellation of the said sale deeds and for the declaration that the impugned sale deeds are null and void and he ought to have paid court fee under Section 40 of the Tamil Nadu Court Fees and suits Valuation Act
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Defendant did not perform either of the two obligations imposed on him - Defendant has been receiving monies from the plaintiff even after the expiry of the three months period Defendant's conduct delayed the performance of the agreement - Delay on the part of the plaintiff in issuing the legal notice alone will not disentitle him from obtaining the relief of specific performance.
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Doctrine of Acquiescene - Defendant must satisfy five ingredients
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Mother executed settlement in favour of daughter, possession also handed over to her - subsequently mother unilaterally cancel the settlement deed and executed sale deed in favour of son - daughter filed suit for declaration of title and and recovery of possession within 12 years from the date of settlement - she need not cancel the cancellation deed and sale deed in which she is not party.
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specific Performance - oral agreement - electronic evidence - Marking of Xerox copy of E Mail communication - plaintiff who is not control of the device could not produce any certificate from the person in operation of the relevant devices - plaintiff permitted to mark the documents without any certificate under section 65 B.
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Lands of defendants situated distance away from plaintiff land - Even if defendants drill a side bore in their land, same would not extend to plaintiff land.
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Party Claiming Adverse Possession Must Know Who The Actual Owner Of Property Is: Supreme Court
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