Agreement to sell -- Specific performance - Fixed time frame of six months for making payment in full - Plaintiff did not offer to pay remaining/balance amount before expiry of six months period - Plaintiff thus not complied with his obligation under the agreement within six months period - Suit for specific performance to execute sale deed not available - Order of trial..........
Transfer of Property Act, 1882, Section 58(c), 54 -- Mortgage by conditional sale or sale with an option to repurchase - Two separate documents were executed i.e one was sale deed and re-conveyance deed - It is clearly mentioned in re-conveyance deed that property had already been sold but right to purchase the property was given within a period of 5 years on payment of..........
Transfer of Property Act, 1882, Section 54 -- Sale deed - On execution and registration of a sale deed containing recitals regarding payment of consideration and delivery of possession, sale is complete even if sale price is not paid and therefore it will not be possible to cancel the sale deed in its entirety - However, exception to said rule is the practice of ta khubzul..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Suit for cancellation of sale deed executed by plaintiff in favour of defendant - Sale deed in question speaks about payment of entire consideration money at the time of its execution and title and possession passed to purchaser soon on registration of sale deed - Cheques mentioned in sale deed were..........
Specific Relief Act, 1963, Section 28 -- Agreement to sell of property under mortgage - Plaintiff even knowing this fact filed suit for specific performance - It was not his case that he will get the sale deed executed only after redemption of mortgage - Court while passing conditional decree granted 3 months time to deposit the balance sale consideration - Decree holder..........
Uttar Pradesh Urban Buildings (Regulation of Letting to Rent and Eviction) Act, 1972, Section 30 -- Eviction petition - Issue raised by defendants is improper communication of sale deed - This cannot be accepted for reason that notice has properly been served, defendants have accepted change of landlordship in their written statements and also payment of Rs.32/-p.m u/s 30..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Transferee pendente lite - Defendants, who are family members of plaintiff not contesting the suit - Petitioner has purchased the property by registered sale deed on payment of sale consideration - Impleadment allowed...........
Transfer of Property Act, 1882, Section 54 -- Registered sale deed - Presumption - Plea that it was executed as security for a loan and there was oral agreement to reconvey on payment of borrowed amount - No convincing evidence of oral agreement - In absence of convincing and cogent evidence, plaintiff is not entitled to adduce evidence invoking S.92 Proviso of Evidence..........
Transfer of Property Act, 1882, Section 54 -- Sale deed - Non payment of part of sale price - Validity of sale deed - Payment of entire consideration was a condition precedent for transfer of proprietary rights in the suit property - This fact is clearly discernible from the recitals in Clause No.10 & 13 of sale deed - Execution of sale deed and its registration has not..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration that sale deed is null and void - Sale deed executed on basis of Power of Attorney which original plaintiff no.3 never executed - There was specific denial of very existence of Power of Attorney - Onus was thus, on defendants to have either produced Power of Attorney on record or to have led cogent evidence to..........
