Agreement to sell -- Specific performance - Ready and willing - Plaint and documents on record shows that it was specifically pleaded that buyer was ready and willing to perform his part of contract - Even evidence of PW1 proves readiness and willingness on part of buyer, as buyer has taken prompt steps to file suit for specific performance as soon as execution of sale..........
Agreement to sell -- Specific performance - Equitable relief - Execution of contract made subject to satisfactory survey which is binding obligation upon seller - However, seller failed to perform his part of obligation to satisfaction of buyer - Buyer on other hand was ready and willing to perform his part of contract - Moreover, it is seller who always tried to wriggle..........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 58 -- Execution - Objections - Disputes inter se between JDs cannot be adjudicated u/s 47 CPC or U.O.21.R.58 CPC...........
Civil Procedure Code, 1908, Order 43, Rule 1, Civil Procedure Code, 1908, Order 21, Rule 58 -- Rejection of application U.O.21.R.58 CPC - Appeal thereagainst U.O.43.R.1 CPC - Not maintainable, in view of express provision of O.21.R.58(4) CPC, as only an Execution First Appeal would be maintainable...........
Agreement to sell -- Genuineness - Agreement in question is in writing and duly signed by two attesting witnesses - Defendant failed to produce any evidence to prove that agreement to sell is result of fraud - Moreover, on date of execution of agreement to sell, defendant appointed plaintiff as his GPA and executed Will in favour of plaintiff with respect to suit property..........
Civil Procedure Code, 1908, Section 47 -- Execution - Objections - Objections raised on facts - Cannot be enquired into execution proceedings...........
Civil Procedure Code, 1908, Section 47 -- Execution - Objections - Executing Court cannot go behind the decree...........
Civil Procedure Code, 1908, Section 47 -- Execution - Objection as to nullity of decree - Objection neither raised before Executing Court or first appellate Court or High Court - It cannot be allowed to be raised for the first time before Supreme Court - Objection rejected...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by limitation - Suit for specific performance - Time was not the essence of contract as per agreement to sell - Commencement of period of limitation computed from the date of refusal of defendants to execute sale deed and refusal whereof is to be gauged from the factum of suppression of earlier..........
Stamp Act, 1899, Section 47A -- Deficient stamp duty - Assessment - Land claimed to be agricultural land - Stamp authority neither disclosed status and nature of land on date of execution of instrument nor disclosed rate applicable to agricultural land or residential land, for determining market value - Moreover, land has been assessed for purposes of market value treating..........
