Civil Law – Partition Suit – Withdrawal Without Notice – Maintainability of Writ – Plaintiffs withdrew partition suit unconditionally and ex parte through Lok Adalat – Co-sharers (Defendant Nos. 20 and 21) not notified or served with application or purshish – Held: Withdrawal of partition suit without hearing all co-sharers, particularly those supporting the cla...
Civil Writ - Rent Control – Court Fees – Determination of Applicable Provision – Petitioner challenged the calculation of court fees on execution of order passed under Section 10(1) of the U.P. Regulation of Urban Premises Tenancy Act, 2021 (Act No.16 of 2021) – Rent Authority had demanded fee as per Section 7(xi-b) of the Court Fees Act, 1870 treating it as recovery of pos...
Contract Law – Specific Performance – Agreement to Sell – Appeal against rejection of specific performance on ground of illegality – Plaintiff-bank entered into agreement to purchase 8 flats to be constructed on a 300 sq. yd. plot for ₹32.07 lakhs – Plaintiff paid ₹28.86 lakhs (about 90%) – Construction not completed – Plaintiff filed suit for specific...
Property Law – Agreement to Sell – Transfer of Property Act, 1882 – Whether agreement to sell executed during lifetime of deceased transfers ownership – Held: No – Agreement to sell does not create interest or title in immovable property; ownership transfers only upon execution and registration of sale deed – As no conveyance existed during lifetime, the propert...
Hindu Law – Inheritance – Applicability of Hindu Succession Act, 1956 – Married Daughter’s Right – Plaintiff sought declaration of title and partition of ancestral property inherited by her brother after their father's death – Both Courts below found that father died in 1950-51, prior to enactment of 1956 Act – Held: Succession opened under pre-1956 Mi...
Civil Law - Specific Performance – Assignment of Lease – Consent of Lessor – Decree for Specific Performance Upheld – The agreement between the defendant and the plaintiff for assignment of leasehold rights included a clause requiring lessor’s consent, but the clause did not make the agreement itself contingent on such consent – Held: The defendant was contractu...
Land Revenue – Government Resolution of 1865 – Invalid Grant but Long Possession – Effect – Government gave land to Municipality for market free of rent; no formal grant executed as required by statute – Municipality built Crawford Market at large expense and remained in possession over 70 years without paying assessment – Held: possession under colour of invali...
Mortgage Suit – Attestation Defect – Limitation for Personal Decree – Section 20, Limitation Act; Order 7 Rule 6 & Order 41 Rule 33 CPC – Appeal Allowed – Suit Dismissed – Plaintiffs sued on a simple mortgage; trial court refused sale for defective attestation but granted personal money decree; High Court upheld money decree while holding attestation good ye...
Land Acquisition – Urgency Clause – Invocation of Section 17(1) and Dispensation of Section 5A – Acquisition for residential colony by Gorakhpur Development Authority – State invoked urgency powers under Section 17(4) to bypass Section 5A inquiry – Held: Acquisition for 'planned development' or 'housing' cannot routinely bypass Section 5A – Gover...
Transfer of Property – Sale During Pendency of Partition Suit – Doctrine of Lis Pendens – Appellant purchased property from second Respondent during pendency of a partition suit filed by first Respondent – Trial court, appellate court, and High Court rejected suit in entirety citing Section 52 of Transfer of Property Act – Held: Sale not void but subject to decree in ...