LawforAll

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Friday, December 22, 2023

(i). Whether the judgments of the Appellate courts below correct in allow the appeal execute sale deed in favourof plaintiff by the Respondents/ defendants all shares from the share holders/ owners, beyond agreement of all item 1 to 3 which are established his title Ex.B1 and Ex.B9 of plaint schedule property in support of the documentary evidence as property belongs to Hindu ancestral joint property, all the defendants are in possession? (ii) Whether the agree to perform an agreement of sale of minor property in Ex.B2 sale deed clearly show that while the 5th defendant and son of the 4th defendant were minors, the said property was purchased in their names, plaintiff have any right to deal with the minor’s property without have order from the competent court of law, the property as it no partition effect in the year of 1998 shows Ex.B8 4th defendant and his son filed suit in O.S.No. 812 of 2005?one suit is filed for grant of permanent injunction and another one is suit seeking for specific performance. 2023:APHC:43804

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(i). Whether the judgments of the Appellate courts below correct in allow the appeal execute sale deed in favourof plaintiff by the Responde...

1.Whether the courts below are right in decreeing the suit for specific performance basing on the pleadings of the plaintiff about his financial capacity and the readiness and willingness expressed by him in the plaint without there being any evidence both oral and documentary and the 1st defendant specifically denied Ex.A1 agreement of sale? 2.Whether the courts below are right in decreeing the suit without giving any specific finding with regard to the plea taken by the 2nd defendant about the bona fide purchase made by him for value without notice ? 2023:APHC:47562

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1.Whether the courts below are right in decreeing the suit for specific performance basing on the pleadings of the plaintiff about his finan...
Wednesday, December 20, 2023

whether the true owner is entitled for permanent injunction without possession ? No. 2023:APHC:21779

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whether the true owner is entitled for permanent injunction without possession ? No.  2023:APHC:21779 held that  the appellant/plaintiff fai...

Whether the plaintiff is in wrongful possession of the plaint schedule property without having title? held that the plaintiff came and traced his right under unregistered sale agreement, thereupon unregistered Will, those documents have also not seen in the light of the day and claiming injunction against his landlord, who is the real owner by setting up a false title. Therefore the plaintiff is not entitled to permanent injunction against true owner i.e defendant. Further the plaintiff is bound to show his prima facie right and title or he has to amend the suit for declaration, but the plaintiff has not to do so. 2023:APHC:33555

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 Whether the plaintiff is in wrongful possession of the plaint schedule property without having title?  held that the plaintiff came and tra...