Indian Contract Act, 1872, Section 29 -- Suit for partition - During pendency of suit plaintiff executed undertaking qua plaint schedule item No.6, in favour of defendant whereby plaintiff agreed to be satisfied with whatever amount defendant may give him at the time of sale of such item of property - Terms are vague and uncertain - Period within which property is to be..........
Agreement to sell -- Executed prior to attachment - Person who claims a right under a contract of sale must be given predominance because of fact that conveyance is in pursuance to an antecedent agreement of sale...........
Civil Procedure Code, 1908, Order 38, Rule 10 -- Agreement to sell executed prior to attachment - If a property which is subject matter of contract of sale is attached, then attachment will be enforceable against balance amount payable by purchaser...........
Specific Relief Act, 1963, Section 28 -- Decree for specific performance - Non-payment of balance sale consideration within time period fixed by Trial Court does not amount to abandonment of contract and consequent rescinding of same - Real test must be to see if conduct of plaintiff will amount to a positive refusal to complete his part of contract...........
Specific Relief Act, 1963, Section 28 -- Rescission of contract - Relief of rescission of contract can be sought by a transferee pendente lite and while deciding such application, Court only decides antecedent rights - Fact that such right of rescission is sought after execution of sale deed in favour of original plaintiff is a fact fatal for the applicant...........
Agreement to sell -- An agreement to sell is not the same as sale - Title to property agreed to be sold vests in the vendor in case of an agreement to sell but in case of sale, title of property vests with purchaser - Agreement for sale is a executory contract wherein a sale is a executed contract...........
Agreement to sell -- A contract for sale does not, by itself, create any interest in or charge on such property - Such contract is merely a document creating a right to obtain another document in the form of sale deed to be registered in accordance with law...........
Agreement to sell -- Specific performance - Plaintiffs paid more than 95% of sale consideration well within time - Sale agreement was executed by defendant Nos. 2 to 4 in favour of plaintiffs well prior to cancellation of power deed in their favour - Hence, there is no need to go into the question of validity of cancellation of power deed - Pre-suit notice was issued..........
Limitation Act, 1963, Article 54 -- Limitation - Suit for specific performance - Time to fulfill contract to execute sale deed not mentioned in agreement to sell - Though original date of agreement is 22.08.1994, plaintiff approached defendant nos. 1 to 3 demanding them to execute sale deed on 09.06.2003 and same was denied by defendants, suit was filed on 26.06.2003 -..........
Indian Penal Code, 1860, Section 420, 406 -- Cheating - Breach of contract - Complainant admitted that he was not in a financial position to pay remaining sale consideration and had signed agreement being fully aware of its contents - Earnest money was paid as part of agreement to sell and agreement clearly stipulated that in the event of default by buyer, earnest money..........
