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Agreement to sell - Subsequent sale - As per section 3 of the TP Act subsequent purchasers deemed to be knowledge of the registered agreement - subsequent purchasers cannot to be held as bonafide purchasers - Second plaintiff not interested in getting specific performance - decree in favour of second plaintiff of undivided one share is proper - Subsequent sale Deeds need not cancelled - Subsequent purchasers ordered to Joint Execution of sale deed alongwith original vendors.

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If a sale certificate was presented for registration, duty payable is 5% towards stamp duty and 1% towards registration charges - State is entitled to collect 6% of the bid amount

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Suit to declare notice dated 29.10.2020 issued to him by the petitioner / defendant is illegal - Issue to be decided is whether the matter comes under the purview of NCLT or not and for the same it needs elaborate trial - this stage the plaint cannot be rejected.

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Refusal to register the sale certificate issued under the SARFAESI Act on the ground that there is an attachment order passed by the civil court - Not Proper.

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An attachment before judgment in a suit which is dismissed for default will not revive merely because the suit is restored - An alienation of attached property is not completely prohibited - raising attachment should be communicated to the registering officer - judicial officers to ensure that orders raising attachment or orders dismissing suits in which an order of attachment has been granted are properly communicated to the registering officers without fail.

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Registering authorities cannot refuse to register the document on the ground that a suit is pending and the registering authority has been made a party to thesuit

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Registrar is not the competent authority to testify as to whether the ex-parte decree presented before him/her is a valid and executable one or not

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First respondent filed suit for the relief of partition and separate possession of his 1/2 share in ground floor of door nos.51 and 52 - suit Decreed - Execution petition filed - Tenant filed petition under rule 97 - Tenancy having been created during the pendency of the partition suit would not confer any right upon the tenant to call upon the decree holder to take only symbolic possession under Order 21 rule 36 and not a physical possession.

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Presumption U/S 90 Of Evidence Act Applies When Will Which Is Over 30 Yrs Old Is Produced From Proper Custody: Madras High Court

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Right To File Written Statement Couldn't Be Foreclosed If Complaint's Copy Wasn't Supplied To Opposite Party : Supreme Court

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Principles On Amendment Of Plaint : Supreme Court Explains

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Defendant Can Cross-Examine Plaintiff Even If Suit Is Proceeding Ex-Parte Against Him & Written Statement Isn't Filed: Supreme Court

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Though there is no specific pleading regarding the testamentary capacity of the executantof the will - the court can acept the pleading as suficient.

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property purchased by two brothers - On their death, property devolved upon their respective heirs - Son of one brother alone was not competent to execute sale deed of entire property -

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Storage Of Child Pornography Without Deletion Or Reporting Indicates Intention To Transmit, Constitutes POCSO Act Offence : Supreme Court

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Civil Court Has Jurisdiction To Entertain Plea For Perpetual Injunction By Tenant In Cases Of Eviction: Allahabad High Court

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Insufficiently Stamped Document Not Admissible Merely Because It Was Exhibited Unless Deficiency Is Cured : Supreme Court

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Agreements by contracting party in favour of Third party - Cancellation of subsequent Agreements not necessary for grant of relief of Specific Performance

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Will - both attesting witness died sranger (Pw3) was - examined - the witness who deposed evidence must identify the signature of attesting witnesses and also the signature of the executant -- PW3 lack knowledge about execution of Will - plaintiff have not complied with provision suit dismissed.

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Share obtained by a coparcener on partition retains the character of ancestral property - daughter automatically became a coparcener along with her father upon her birth - Sale during the pendency of the suit is not invalid, and the purchaser's can work out their rights in the final decree proceedings - Existence of will pleaded in written statement - law does not compel the plaintiff to file a rejoinder - It is for the defendant to prove what he has pleaded .

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Partnership and Joint Ventures - Rendition of accounts - Legal representatives of a deceased partner are entitled to sue for rendition of accounts from the existing partners

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Failure to produce original documents is not a ground to refuse registration

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Specific performance sought only in respect of one of the items of properties covered by the agreement Court-fee to be paid is on the whole agreement and not on basis of value of one item.

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Circular regarding mandate of photo of property along with gio coordinate code for registration of documents relating to immovable property.

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Limitation for redeeming the property will never start running without payment of mortgage debt by the mortgagor - usufructuary mortgagee, is not entitled to maintain a suit for declaration of title -

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Article 52 state that a suit for arrears of rents would have to be presented within 3 years when the arrears become due - Tenant did not pay the rents from 01.08.2005 onwards - suit for recovery of money shall stand decreed for a period of three years from January 2013 till January 2016.

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Ancestral property - Father and mother died before 1995 - daughters married before 1989 hence they are not entitled to benefit of TN Amendment - son sold some of properties in 1999 - Sale Deeds are saved by the Proviso under section 6(1) - Sale Deed executed by son in 2007 not saved by Proviso under section 6(1) - Since Right of coparcenary by birth,it is not necessary that, father Coparcener should alive as on 2005.

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Suit for declaration - declare that plaintiff is legal heirs of "c" and regarding bank deposit of "C" - Permanent injunction restrain the defendant not to interfer with the enjoyment of bank depost and immovable property.

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Suit for Declaration of Sale Deeds as null and void - Court-fee under Section 40 to be computed on value stated in document sought to be cancelled

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Suit for Partition Appeal Court-fee paid Rs. 750- Appeal filed after Amendment brought under Court Fees Act Court-fee payable in Appeal shall be under New Act and not Old Act

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Section 138 NI Act Offence Can Only Be Compounded U/S 147 With Complainant’s Consent

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சர்பாசி சட்டத்தின் கீழான நடவடிக்கை நிலுவையில் இருக்கும் போது பாகப்பிரிவினை கேட்டு வழக்கு தாக்கல் செய்ய எவ்வித தடையும் இல்லை

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Relief Of Specific Performance Of Contract Cannot Be Granted In The Absence Of A Clear Title: SC

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Limitation is to be reckoned from date of confirmation of sale as title of court auction purchaser is complete on confirmation of sale under Order 21 Rule 92 and Section 65 Code of Civil Procedure Issuance of Sale certificate is only evidence of title

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Person, who failed to avail speedy remedy to get delivery of possession through Executing Court, can file regular Suit for possession based on title, subject to limitation - Separate Suit filed by Auction Purchaser is not barred under Section 47

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Period of limitation for filing a petition for delivery of possession by an auction purchaser commences one year from the date when the sale certificate has been issued - Remedy for an auction purchaser is only by way of a petition under Order 21 Rule 95 C.P.C and not by way of a separate suit

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Property that was attached before Judgment, sold in execution of Decree - sale is sought to be set aside on ground of material irregularity in publishing and conducting it, Section 47 cannot come into play at all and could be set aside only by invoking Order 21, Rule 90 - Judgment debtor was not having any subsisting right over property and thus, no locus standi to file said Application - Court rightly dismiss the petition.

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Application to set aside sale - Words 'person whose interests will be affected by such sale' cannot be given wide meaning to include persons claiming only fraction of interest, including Creditor or Decree-holder, who has not taken steps in execution of Decree - Petitioner has no locus standi application for setting aside sale not maintainable.

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Judgment-debtor who was put on notice and did not call upon Court to act under Rule by exercising discretion to sell only part of property attached cannot challenge confirmation of sale.

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Application For Extension Of Time U/S. 29A A&C Act Can Be Filed After Expiry Of Period For Making Of Arbitral Award: SC

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Limitation Does Not Apply To Proceedings Under Order 20 Rule 12 CPC, Allows Decree-Holder To Seek Determination Of Mesne Profits After 26 Years - Proceedings for final decree can be initiated at any point of time as there is no limitation - There is no need to file any separate application for the preparation of the final decree.

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Co-Owner Cannot Transfer Entire Joint Property Without Getting His Share Determined & Demarcated - Not Mandatory For Third Party, Against Whom A Sale Deed Is Void, To Seek Its Cancellation: Supreme Court

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Vendor failed to demarcate suit property and clear encumbrance s thereon - Held on facts that time was not essence of contract - Grant of specific relief in favour of vendee, proper. - If it is shown that party had sufficient means to mobilise the balance amount required within a short span of time, the same is sufficient.

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Mortgage property redeemed by one of the mortgagors - Suit for possession by co-mortgagor Suit is governed by Art.143 and not by Art.144 Possession by redeeming mortgagor cannot constitute adverse possession against the co- mortgagor.

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Mortgage by A and B of their joint property to C - B individually indebted to D on a pro-note - D obtaining decree against 'B' - A is entitled to redeem his share by paying his dues on mortgage and expenses to D

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Suit by co-mortgagor for recovery of his share -

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Release of part of mortgaged property by mortgagee - Motive for release, payment of dues to mortgage e promised by mortgagor - Release held absolute and unconditional.

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Suit by unregistered firm - Suit for dissolution of an unregistered firm and for accounts of dissolved firm - is maintainable

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Defendant admits signature in Sale Agreement but pleads that Agreement was executed only as Security for Loan transaction - conduct of Plaintiff receiving original Title Deeds would only lead to an inference that documents were handed over as Security for loan - Plaintiff not entitled to Specific Performance.

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Plaintiff found to have tampered with sale deed, not entitled to declaratory relief - registered document operates from date of execution and not from date of its registration - Section 120 allows husband to dispose on behalf of wife.

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Agreement holder sold property to his son in law - sale made after receipt of pre suit notice - Purchaser, held, not a bonafide Purchaser - suit Decreed - merely because Attestar did not see preparation of document by scribe,it can't be said that he had not seen execution.

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1.12.2012 க்கு முன்பாக எழுதிக் கொள்ளப்படும் பவர் ஆவணத்தை கட்டாயமாக பதிவு செய்ய வேண்டும் என்ற தேவையில்லை - நோட்டரி பப்ளிக் முன்பு எழுதி கொள்ளப்படும் பவர் ஆவணத்தை நீதிமன்றத்தில் ஒரு சாட்சியமாக பயன்படுத்தலாம்

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பூர்வீகச் சொத்தில் மகள் பாகம் கேட்டு வழக்கு தாக்கல் செய்ய எவ்வித காலவரையறையும் கிடையாது. கூட்டுக் குடும்ப சொத்திலிருந்து விலக்கப்பட்டதாக ஒருவர் எப்போது அறிந்து கொண்டாரோ அதிலிருந்து 12 வருஷத்துக்குள் லிமிடேஷன் ஆக்ட் ஆர்ட்டிக்கிள் 110 ன்படி வழக்கு தாக்கல் செய்ய வேண்டும்.

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Usufructory mortgagee cannot deny title of his mortgagor - There is no necessity to examine attesting witness when execution has not been specifically denied by the purported executant - Oral evidence is admissible to prove that mortgagee is sham and nominal though execution may be admitted.

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suit was filed for partition and separate possession By way of amendment, relief of declaration of compromise decree being null and void was also sought - Relief sought by way of amendment was time barred - petition dismissed

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Suit for Redemption - Plaintiff can be permitted to redeem, but redemption will be subject to rights of other sharers, if any Plaintiff steps into shoes of Mortgagee in respect of other sharers and can claim contributions towards Mortgage money from other sharers.

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Mortgage by Deposit of Title Deeds - document not restricted to Mortgage property alone, held, it is justifiable to deposit Photocopy of said Title Deed

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Decree holder is entitled to daim interest till date of realisation of decree

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