Agreement to sell -- Validity - L.R's of first defendant did not dispute that first defendant signed the agreement - Contention that deceased defendant was addicted to vices was never raised in the written statements and same has come by way of an afterthought in the evidence of mother of defendant - Therefore, contention rejected that suit agreement was got executed from..........
Agreement to sell -- Specific performance - Bonafide purchasers - Agreement in question in favour of plaintiff was compulsorily registrable document in the State of U.P. - Subsequent purchasers shall be deemed to have knowledge of suit agreement which was duly registered in view of S.3 Explanation I of T.P.Act - It is not the case of subsequent purchasers that they took a..........
Specific Relief Act, 1963, Section 19(b) -- Bonafide purchasers - Suit for specific performance - Without seeking cancellation of subsequent sale deeds - Where subsequent purchasers failed to prove that they entered into sale deed in good faith and without notice of suit agreement, in view of S.19(b) of the Act, a decree for specific performance can be passed against such..........
Agreement to sell -- Agreement for sale neither transfers the property nor creates any interest in subject matter of the agreement to the purchaser in view of S.54 of the T.P Act - Therefore, embargo created by S.154-B(1) of Zamindari Abolition Act, will apply only to the execution of sale deed and not to the execution of agreement for sale...........
Agreement to sell -- Specific performance - Plaintiff has proved the service of notice of demand to the defendant - Suit is filed within limitation and subsequent purchasers did not raise a plea of delay and laches - There are concurrent findings of three Courts on the issue of readiness and willingness shown by first plaintiff - No interference warranted in said findings..........
