Order VII Rule 11 CPC
3 articles
A Perpetual Lease Promised in 1976 Cannot Be Demanded in 2002: Delhi High Court on Renewal Covenants, Agreements to Agree and Limitation
A tenant who had held an 11-month tenancy of a Janpath floor since 1976 sued in 2004 for a perpetual lease and a declaration that his rent was Rs 221. The Delhi High Court upheld rejection of the plaint at the threshold, on three separate footings: uncertainty of the covenant, delay, and the limits of declaratory relief.
13 min readNon-Payment of Sale Consideration Cannot Void a Registered Sale Deed: The Allahabad High Court Revisits Section 54 of the Transfer of Property Act
In Devendra Singh v. Great Home Developers Pvt. Ltd., the Allahabad High Court held that a registered sale deed reciting full receipt of consideration and delivery of possession cannot be cancelled merely because the buyer's cheques were later dishonoured, since Section 54 of the Transfer of Property Act makes actual payment no precondition to a completed sale — the seller's remedy lies in a suit for the balance price, not in unwinding the conveyance.
13 min readPurchased Together, Divided in Court: What Bajoria v. Bajoria Says About Limitation in Partition Suits Between Co-Owners
Two brothers who built a business together fell out over who owned what. The Bombay High Court's answer to when their clock started running is a compact lesson in how limitation actually works for co-owned property — and why a plaintiff cannot always choose to drop an inconvenient property from a partition suit.
13 min read