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HIGH COURT OF JUDICATURE AT ALLAHABAD
MANISH KUMAR NIGAM
Deependra Chauhan – Appellant
Versus
Phool Kumari Chauhan – Respondent
| Table of Content |
|---|
| 1. revisiting suit facts regarding property ownership. (Para 2) |
| 2. arguments over agreements to sell and co-ownership. (Para 3 , 4) |
| 3. legal interpretation of sales and property rights. (Para 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13) |
JUDGMENT :
MANISH KUMAR NIGAM, J.
1. This revision has been filed challenging the judgment and order dated 29.08.2023 passed by Civil Judge (Senior Division) Gautam Buddh Nagar in Original Suit No. 347 of 2020 (Deependra Chauhan Vs. Phool Kumari Chauhan and others), allowing an application filed by respondent Nos. 4 and 5 under Order I Rule 10 of C.P.C. being paper No. 57 Ga-2.
2. Brief facts of the case are that Original Suit No. 347 of 2020 (Deependra Chauhan Vs. Phool Kumari Chauhan and others) was instituted by the plaintiff-revisionist for a decree of partition of the suit property bearing No. C-103 B Sector-39, NOIDA, District- Gautam Buddh Nagar area 163 sq. mtrs. The other relief sought in the suit was a decree of permanent injunction restraining the defendants and their associates from dispossessing the plaintiff from suit property and further restraining them from creating any third party interest in the property in dispute. As per the pla
An agreement to sell does not create property rights; it requires a registered sale deed for actual ownership transfer, affecting party additions in legal disputes.
Point of law: Validity of, and effect of S. 52 – Doctrine of lis pendens is based on ground that it is necessary for administration of justice that decision of a court in a suit should be binding not....
The doctrine of lis pendens overrides the rights of bona fide purchasers when they acquire property during pending litigation concerning the same property, as established by case law.
A minor cannot seek partition of property post valid family partition among ancestors as it lacks legal foundation under Section 8 of the Hindu Succession Act.
An agreement to sell lacking compliance with statutory requirements under the Transfer of Property Act is invalid and does not confer rights, necessitating restoration of possession to the rightful o....
Agreement to Sell – No person shall take possession of any land in province of Kashmir which has been transferred or has been contracted to be transferred to him unless and until such transfer become....
The Court emphasized the importance of summary determination of questions under Rule 101 of Order XXI of the C.P.C. and the applicability of Section 52 of the Transfer of Property Act. It also clarif....
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