Agreement to sell -- Specific performance - Plaintiff proved that he paid Rs.1,50,000 towards part sale consideration and executed the agreement and also paid a further sum of Rs.65,000 - However, defendants did not demarcate the suit property in terms of agreement of sale - Case of plaintiff was corroborated by PW2, who was present at the time of execution of agreement -..........
Agreement to sell -- Specific performance - Readiness and willingness - Time limit of six months is stipulated for demarcation of suit property before execution of sale deed by defendants - Burden was on defendants to perform the same - Plaintiff got issued a notice acknowledging the fact that time was essence of contract - There was no reply from defendants - Plaintiff..........
Stamp Act, 1899, Section 47A, Article 23 -- Schedule IB (as applicable to State of UP) - Stamp duty payable on registration of sale deed - Market value of property - Stamp duty is payable on the market value of sale deed property on the date of execution of sale deed - Stamp duty is payable on the basis of market value of property and not on the consideration mentioned in..........
Stamp Act, 1899, Section 47A, Article 23 -- Schedule IB (as applicable to State of UP) - Stamp duty payable on registration of sale deed - Stamp duty - Determination of Market value of property - Issue regarding market value of sale deed land on the date of execution of sale deed is required to be decided by permitting parties to adduce oral and documentary evidence...........
Agreement to sell -- Oral agreement to sell - Specific performance - Plaintiff and defendants were close friends - Payment of Rs.70,000 and handing over possession of suit block thus, not sufficient in the absence of cogent and reliable evidence to establish the oral agreement for sale - Burden is on plaintiff to prove with certainty that there was an oral agreement of..........
Transfer of Property Act, 1882, Section 105, Registration Act, 1908, Section 17 -- Lease deed - Tender floated for lease of 27887.50 sq. meters - However, transaction concluded on execution of lease deed without demur for 18262.89 sq. meters and instrument registered - It is not open to either party to question at least in the writ jurisdiction of High Court under Article..........
Negotiable Instruments Act, 1881, Section 4, 118, Evidence Act, 1872, Section 102 -- Promissory note - Consideration - Burden of proof - Burden lies on defendant to prove non-existence of consideration by bringing on record such facts and circumstances which would lead Court to believe non-existence of consideration - However, if the defendant discharges the onus of proof..........
Negotiable Instruments Act, 1881, Section 4, 118 -- Promissory note - Evidence of PWs 1 to 3 is consistent regarding execution of promissory note - Defendant failed to show any reason or circumstance to disbelieve evidence of PWs 1 to 3 - He did not deny that promissory note was signed by him - Once it is admitted that defendant had signed promissory note her liability..........
Civil Procedure Code, 1908, Section 47, Indian Contract Act, 1872, Section 128 -- Execution - Objection by Surety - JD/surety who suffered a joint and several decree cannot stop execution of decree against him until creditor has exhausted his remedy against principal debtor or other JDs - She does not have a right to dictates terms to DH as how he should pursue his..........
Limitation Act, 1963, Article 136 -- Execution of compromise decree - Limitation - Limitation period commences only with the decree becoming enforceable and capable of being executed and period of 12 years is computable from such date...........
