IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
M.G. PRIYADARSINI
Revu Srisailam (Died per LRs.) – Appellant
Versus
Mohd. Moinuddin – Respondent
JUDGMENT :
M.G. PRIYADARSINI, J.
This Second Appeal is filed by the plaintiff challenging the judgment and decree dated 21.10.2002 passed in A.S.No.461 of 2000 on the file of the learned IX Additional Chief Judge, City Civil Court, Hyderabad, confirming the judgment and decree dated 30.08.2000 passed in O.S.No.115 of 1989 on the file of the learned I Senior Civil Judge, City Civil Court at Hyderabad. Thus, the present Second Appeal is filed against the concurrent findings of trial Court as well as first Appellate Court.
2. For the sake of convenience, the parties hereinafter are referred to as they are arrayed before the trial Court.
3. The brief facts of the case, which necessitated the appellant/plaintiff to file the present appeal, are as follows:
a) The plaintiff filed O.S.No.115 of 1989 against defendant Nos.1 to 6 for specific performance of agreement of sale. The brief averments of the plaint are that the plaintiff entered into an agreement of sale with defendants in respect of suit schedule property on 16.05.1980 for consideration of Rs.9,000/- and paid Rs.3,000/- as advance. Though the plaintiff was ready and willing to perform his part of contract by paying remaining considera
Natural guardians cannot alienate minor's property without proving it benefits the minor; plaintiff failed to prove the agreement's binding nature, leading to dismissal of appeal.
Under section 100 CPC, after the 1976 amendment, it is essential for the High Court to formulate a substantial question of law and it is not permissible to reverse the judgment of the first appellate....
The court ruled that a specific performance claim requires the existence of valid foundational documents, particularly when minors are involved in property transactions, necessitating a retrial to pr....
The natural guardian's alienation of minors' property is valid if made prudently and for the minors' benefit, as per Section 27 of the Guardian and Wards Act, 1890.
The sale made by a guardian is voidable, but a suit to challenge it must be filed within the limitation period. Failure to challenge intervening sale deeds and non-joinder of necessary parties can le....
The court affirmed that ancestral property cannot be sold without consent from all coparceners, rendering the sale agreement unenforceable.
The High Court's jurisdiction in second appeal is limited to errors in law or procedure and does not extend to re-examining or re-appreciating facts settled by the lower courts.
A second appeal under Section 100 of the Code of Civil Procedure requires the establishment of a substantial question of law, which was not present in this case.
The plaintiff must prove the execution of the contract and her readiness to perform to be entitled to specific performance under the Specific Relief Act, and the mere registration of a document does ....
Sales executed by a natural guardian without court permission under the Hindu Minority and Guardianship Act are voidable, remaining valid until the minor challenges them within three years of attaini....
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