Law:

Section:

(a) Specific Relief Act (I of 1877)--- ----Ss. 42, 39, 12 & 54----Registration Act (XVI of 1908), S. 49---Limitation Act (IX of 1908), Art. 113---Suit for declaration on the basis of unregistered sale deed---Maintainability---Suit for specific performance---Limitation---Plaintiff filed suit for declaration and permanent injunction against defendants claiming that through two sale deeds he had purchased land from defendant and got possession thereof, but only a portion of said land was entered in his name through mutation in revenue record, which plaintiff sold out to other defendant, while remaining portion of the same was yet to be mutated in his name, which the defendant sold out to the other defendant, and that the said sale by defendant, being ineffective upon rights of plaintiff, was liable to be cancelled---Defendant also filed suit against plaintiff seeking cancellation of said two sale deeds claiming that plaintiff had not paid consideration for sale of land mentioned in the sale deeds and the same were cancelled with mutual consent of parties, and that suit of plaintiff was not maintainable as the sale deeds were neither registered nor acted upon---Defendant further contended that the other defendants had purchased portion of suit property from him through mutation---Trial court dismissed suit of defendants and decreed that of plaintiff---Validity---Parties had not acted upon, nor given effect to, the sale agreements, and the same had been incorporated in, and replaced by, mutations---Actual transactions that took place between parties were that of mutations as the sale deeds were not mentioned in said mutations---Plaintiff had taken contradictory stances in his plaint and oral statement---Marginal witnesses to the sale agreements had denied payment of sale consideration in their presence---Plaintiff filed suit for declaration on basis of two unregistered documents which had not created any title or right or interest in favour of plaintiff in disputed land as envisaged under S. 49 of Registration Act, 1908---Declaratory suit under S. 42 of Specific Relief Act, 1877 on basis of unregistered sale deeds was neither permissible nor maintainable---Suit…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492