Registration Act, 1908, Section 17(1A), Transfer of Property Act, 1882, Section 53A -- Part performance - Agreement to sell - A plea of part performance in the absence of a registered document, cannot be taken...........
Transfer of Property Act, 1882, Section 53A, 108 -- Agreement to sell by landlord with tenant - Part performance - An agreement to sell by landlord to sell the premises let out to the tenant does not, in the absence of landlord having put the tenant into possession of the property in part performance of the agreement to sell, prevent the landlord from suing the tenant from..........
Agreement to sell -- Absence of signature of plaintiff on registered deed of agreement to sell - Validity - A contract need not necessarily be signed by two parties - It can be oral between two parties, or can be signed by one party and its acceptance by words and deeds by other parties may complete the formality of agreement being a contract and moreso when agreement was..........
Indian Penal Code, 1860, Section 420 -- Cheating - Agreement to sell - Payment of advance amount - Sale of land to third party at a much higher price and that accused/vendor was not in possession of property - No material on record that complainant took steps for execution and registration of sale deed after paying rest of the amount - In absence of such evidence no..........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Agreement to sell - Suit for permanent injunction filed after a gap of one year of the date fixed for execution of the agreement - Held, suit for permanent injunction is not maintainable in the absence of relief prayed for specific performance of the agreement...........
Agreement to sell -- Specific performance - Ready and willing - Pleading - Vague statement in pleading that plaintiff was always ready and willing to pay the balance sale consideration and execute the sale deed - Absence of specific averment that plaintiff has been ready and willing to perform the essential terms of contract, which are to be performed by him - Absence of..........
Agreement to sell -- Mere decree for specific performance implies a decree for possession also - Even in the absence of any specific clause in the decree for recovery of possession, executing Court undoubtedly and unhesitainingly is competent to order delivery of the property covered by suit agreement of sale...........
Agreement to sell -- Suit for specific performance - Readiness and willingness - Purchaser has to aver and prove readiness and willingness to perform his part of contract as from date of execution of agreement till filling of suit, during pendency of suit, till passing of decree - Absence of purchaser in not appearing before office of sub-registrar proves that he was not..........
Agreement to sell -- On condition of repayment of loan - Borrower stated that no such document ever executed - Borrower failed to lead any evidence to prove repayment of sum - No endorsement on original document - No witness produced by borrower to prove repayment of loan - In absence of cogent evidence it was held, borrower never repaid loan amount - Appeal dismissed...........
Agreement to sell -- Repayment of loan - Agreement to sell a property was executed by the lender as security for repayment of loan - Agreement to sell lacked intention of selling suit property - Plea took by borrower that no such document was ever executed and had already repaid the borrowed amount and agreement stood cancelled - Borrower failed to lead any evidence to..........
