The Transfer of Property Act, 1872  - Section 6

Doctrine of spes successionis - Declaration of title, possession and partition of the suit properties - Suits filed - High Court - Plaintiff failed to prove the oral gift in his favour, he could not be non-suited, since he alone was having the rights over the assets of Meeralava Rawther in view of the various Deeds of Relinquishment executed by the other sons and daughters of Meeralava Rawther - Petitions filed - Whether a Deed of Relinquishment executed by an expectant heir could operate as estoppel to a claim that may be set up by the Executor of such Deed after inheritance opens on the death of the owner of the property - Whether on execution of a Deed of Relinquishment after having received remuneration for such future share, the expectant heir could be estopped from claiming a share in the inheritance - Can a Mohammedan by means of a Family Settlement relinquish his right of spes successionis when he had still not acquired a right in the property - Chance of a Mohammedan heir-apparent succeeding to an estate cannot be the subject of a valid transfer or release - Supreme Court held that having accepted the consideration for having relinquished a future claim or share in the estate of the deceased, it would be against public policy if such a claimant be allowed the benefit of the doctrine of spes successionis - Petitions dismissed - No costs.

Found In:  Topic Index

Civil Law  - Sale-deed

Suit for declaration of title and recovery of possession on the behalf of sale deed - Trial court decreed the suit - Filed first appeal - Allowed and dismissed the suit - Second appeal filed - High Court affirming the finding of facts recorded by the first appellant court - Appeal - Appellants has not established the payment sale not completed without comes to the possession - No endorsement in the sale deed by the Sub-Registrar about payment - Appeal dismissed.

Found In:  Judgement

The Transfer of Property Act, 1872  - Section 8 , Section 54 , Section 55

On a transfer of property all the interests which the transferor has or is having at that time capable of passing in the property - If the sale price or part thereof is not paid - The remedy of the vendor is only to sue for the balance price, he cannot avoid the sale deed. (1998(7) SCC 498, 2009 (4) SCC 193 )

Found In:  Judgement

The Limitation Act, 1963  - Section 5

Condonation of delay - No sufficient cause - Declaration of title - Trial Court decreed in favour of original plaintiff - Challenged before High Court - Applications to condone the delay of 3703 days - Filing the application for bringing on record the LRs. Of sole respondent - High Court allowed all applications - Appeals - Whether High Court justified in condoning the delay - No - Twice in impugned order - It was recorded that in the normal course, the applications would have been thrown out without having a second thought in the matter - Having such conclusions - High Court proceeds to condone delay - Whilst considering applications for condonation of delay under Section 5 of the Limitation Act - Courts do not enjoy unlimited and unbridled discretionary powers - Approach adopted by High Court - Show the absence of judicial balance and restraint - Which a Judge is required to maintain - Impugned judgment of High Court set aside - Appeals allowed - No costs.

Found In:  Judgement

The Code of Civil Procedure, 1908  - Section 89 , Order X Rule (1-A)

Whether section empowers court to refer parties to arbitration without the consent of both -Agreement not contain any provision for arbitration - Dispute - An application under section 89 of the Code - Praying - Formulate terms of settlement - Refer to arbitration - Allowed by trial court - High Court confirmed - Appeal - Court has no power, authority or jurisdiction to refer unwilling parties to arbitration u/sec. 89 - If there is no arbitration agreement - Consent of all - Necessary for arbitration under section 89 - Impugned order of trial court affirmed by High Court set aside - Trial court directed to decide upon a non-adjudicatory ADR process - Appeal allowed.

Found In:  Judgement