Showing : 1-10 of 22 Results

PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Specific Relief Act, 1963, Section 19(b), Transfer of Property Act, 1882, Section 52-- Subsequent purchasers - Bona fides - (a) `K' attesting witness of sale deed in favour of subsequent purchasers is also attesting witness of agreement to sell in favour of plaintiff; (b) No payment has been made before Sub Registrar; (c) Subsequent purchasers have not appeared in the witness box..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Agreement to sell-- Not required to be attested by attesting/marginal witnesses - If one of attesting witness has made a statement that defendant did not sign in his presence, that would not invalidate agreement - Agreement is signed by defendant - No evidence produced on record by defendant to prove that it does not..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Agreement to sell-- Specific performance - Admission in cross examination by one of the attesting witness that there was no transaction of giving/taking of money in his presence - Sole testimony of defendant is not at all sufficient either to rebut evidence adduced by plaintiff consisting of testimonies of deed..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Agreement to sell-- Specific performance - Payment not made in presence of attesting/marginal witness - There is no such requirement that payment should be paid in the presence of an attesting witness or a marginal witness - Agreement to sell is not a testamentary document that the attesting witness must know..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Agreement to sell-- Specific performance - Plea that agreement is not proved as per requirement of Evidence Act - Not sustainable as plaintiff duly proved agreement in question by examining attesting witness and scribe of agreement...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Agreement to sell-- Testimony of attesting witness - Cannot be excluded simply on ground that witness is interested witness...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Agreement to sell-- Agreement to sell is not required to be attested by attesting witnesses - Agreement to sell is attested by two attesting witnesses who had appeared in witness-box for examination-in-chief but did not appear for cross-examination - Statement cannot be read in evidence...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Agreement to sell-- Specific performance - Earnest money or loan - Admission by plaintiff and attesting witness that it was loan and not earnest money - Order declining relief of specific performance and grant of alternative relief of refund with cost and interest, upheld...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Evidence Act, 1872, Section 137, 138-- Cross-examination - Attesting witness of agreement to sell - Earlier evidence of plaintiff was closed by orders - Though attesting witness had not appeared on relevant date but his affidavit already produced was not discarded by lower Court - Suit is for specific performance and interest of..........
ALLAHABAD HIGH COURT
Year of decision: 2014
Details
Agreement to sell -- Minor - Not competent to be marginal or attesting witness - A minor person is not competent as a party to a contract or competent to sue or be sued as such minor is not competent to be marginal or attesting witness to a deed...........

Showing : 1-10 of 22 Results