Civil Procedure Code, 1908, Order 14, Rule 1, 2 -- Issues - Omission to frame issues - Suit for specific performance - Suit was dismissed for lack of title in favour of defendant - No issues or points for determination were framed for the same - Plaintiff at no point was given an opportunity to lead evidence on the same - In the absence of any issues and especially in the..........
Agreement to sell -- Specific performance - Ready and willing - When allegation in application submitted to Sub-Registrar that plaintiff has come prepared with necessary funds is not sufficiently denied, submission that no proof of possessing such finance was produced is not material...........
Agreement to sell -- Specific performance - Ready and willing - Application submitted to Sub-Registrar that plaintiff has come prepared with necessary funds - Application with stamp of office of Sub Registrar is duly proved by evidence of PW1 - Mere fact that plaintiff has not proved signatures of Sub-Registrar is not sufficient to belie said document when submission of..........
Agreement to sell -- Specific performance - Sale deeds executed by defendants in favour of third parties during pendency of litigation are certainly hit by doctrine of lis pendens and are non est - Plaintiffs have got sale deed of suit land executed in their favour by following due process of law on the basis of decree of specific performance granted in their favour by..........
Agreement to sell -- Specific performance - Unclean hands - Material facts, having bearing on the agreement, withheld in agreement itself and from Court also - Plaintiff approaching Court with unclean hands is not entitled to relief of specific performance...........
Agreement to sell -- Specific performance - Conduct of parties is significant in a suit for specific performance, as it assists Court in evaluating evidence to find out bona fides of parties at the time of execution of agreement...........
Agreement to sell -- Specific performance - Defendant stated that from the very beginning sale agreement was executed by way of security for a loan of Rs.6,00,000 advanced by plaintiff to defendant and the same was clearly reflected as recited in MOU - Documents were purchased from same stamp vendor - Witnesses to documents were also one and same - All these would..........
Agreement to sell -- Suit for specific performance - Defendant alleged that plaintiff has obtained signatures on blank stamp papers and thereafter fabricated alleged agreement of sale - However, there is no justification from defendant side as to what prompted defendant to remain silent without filing a criminal complaint alleging fabrication of an agreement of sale and..........
Agreement to sell -- Suit for specific performance - Vendor is a necessary party in a suit for specific performance of an agreement for sale, notwithstanding that he has transferred his interest in property to a third party - A suit or an appeal emanating from such a suit would abate if upon death of vendor, his legal heirs/LRs are not substituted...........
Agreement to sell -- Suit for specific performance - Transferee lis pendens - Not a necessary party - However, a transferee lis pendens may pursue appeal against a decree of specific performance against vendor, as a legal representative/inter-meddler of estate of vendor - But, having regard to nature of decree that is required to be passed in a suit for specific..........
