Agreement to sell -- An agreement to sell would not convey title - Possession if delivered would make agreement liable to be registered...........
Agreement to sell -- Specific performance - Only 25% of total sale consideration was paid as earnest money on date of agreement to sell which cannot be held to be major part of consideration - Admittedly, possession was never delivered to plaintiff in part performance - Lower Appellate Court erred in granting discretionary relief to plaintiff decreeing suit for possession..........
Registration Act, 1908, Section 17 -- Unregistered agreement to sell - Suit for specific performance - Recitals of agreement shows that possession of property not delivered to plaintiff and same will be delivered at the time of registration of property - Even otherwise, unregistered document may be received as evidence in a suit for specific performance and admissibility..........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Defendant filed suit for permanent injunction by way of counter claim - Revenue record does not reflect sale of any portion of land nor does it show that plaintiff was in possession of suit property - Defendants by leading ocular and documentary evidence, proved agreement to sell whereby part of property..........
Indian Contract Act, 1872, Section 65 -- Restitution - Possession delivered to proposed vendee under agreement to sell - Defendant claims that plaintiff lost his title over the suit land and contract stands frustrated - Defendant being beneficiary under the void contract needs to restore back the advantage that he received under the void agreement as per the mandate of..........
Agreement to sell -- Specific performance - Un-registered agreement to sell vide which possession was delivered - Such an unregistered agreement cannot be accepted being in contravention of provisions of Registration Act, 1908 - Dismissal of suit, upheld...........
Registration Act, 1908, Section 17 -- Agreement to sell - Suit for specific performance - Plea that agreement is not registered even when possession was delivered at the time of execution of agreement - There is finding of fact recorded by both the Courts below that possession of property was not delivered to plaintiff - No ground to disturb the factual finding...........
Agreement to sell -- Specific performance - Plaintiff in possession prior to execution of agreement to sell - Possession not delivered through agreement to sell - Order directing plaintiff to pay deficient stamp duty with penalty as per provision of Schedule 1-A, Entry No.23, 5(cc), Column No.2, Sub column 2 (As amended by State of Punjab) set aside...........
Agreement to sell -- Registration - Part performance - If a party comes to Court to seek protection of his possession which was delivered in part performance of agreement to sell then such agreement to sell shall not be admitted in evidence unless it is registered...........
Agreement to sell -- Specific performance - Once there is a specific recital with regard to delivery of possession in agreement to sell signed by parties which has been proved and father of plaintiff positively deposed that possession was delivered to plaintiffs, mere failure of plaintiff to depose about delivery of possession in examination-in-chief not sufficient for..........
