Agreement to sell -- Validity - Plaintiff discharged his burden by examining attesting witness as well as scribe - However, defendant miserably failed to prove his defence - Plaintiff proved execution of agreement to sell...........
Indian Penal Code, 1860, Section 420, 506, 120B, Bharatiya Nagarik Suraksha Sanhita, 2023, Section 558 -- Cheating - Quashing of FIR - Allegations against petitioner confined only to signing agreement to sell as an attesting witness, executed between complainant and co-accused qua which proceedings were already quashed - No averment or material on record to show that..........
Agreement to sell -- One attesting witness - S.10 of Contract Act nowhere mandates attestation by any specific number of witnesses - As per S.10 Contract Act, presence of witnesses does not affect validity of a contract unless expressly required by stature under which agreement has been executed. (Contract Act, 1872, S.10)..........
Specific Relief Act, 1963, Section 39 -- Suit for mandatory injunction seeking direction to defendant to execute sale deed in favour of plaintiff on the basis of agreement to sell in his favour - Plaintiff filed suit for mandatory injunction instead of suit for specific performance as such suit is not maintainable - Furthermore defendant Nos.1 & 2 executed sale deed in..........
Agreement to sell -- Specific performance - Attesting witness to agreement to sell proved that amount was paid by plaintiff to defendant - Source of earnest money of Rs.10,31,000 is fully proved by plaintiff - Defendant led no evidence to rebut the testimony of attesting witness regarding earnest money having been paid in his presence - Suit rightly decreed...........
Agreement to sell -- Suit for specific performance - Suit property is situated in Haryana while agreement to sell was prepared on stamp paper purchased from Uttar Pradesh - There is no signature or seal of stamp vendor and neither was any examined by plaintiff - Even name of scribe is not forthcoming despite attesting witness deposing that agreement to sell was written at..........
Agreement to sell -- Validity - Earnest money of Rs.3,90,000 was allegedly paid by plaintiff to defendant in the presence of typist - However, said typist was never produced by plaintiff to prove authenticity or genuineness of agreement to sell - Out of two attesting witness, one deposed on oath in favour of defendant - Agreement to sell is doubtful - Suit rightly..........
Agreement to sell -- Validity - Earnest money of Rs.3,90,000 was allegedly paid by plaintiff to defendant in the presence of typist - However, said typist was never produced by plaintiff to prove authenticity or genuineness of agreement to sell - Out of two attesting witness, one deposed on oath in favour of defendant - Agreement to sell is doubtful - Suit rightly..........
Agreement to sell -- Validity - Once defendant himself conceded in his testimony that money was received in terms of agreement to sell in question as well as signature on said agreement were of his father, merely because deed writer was not produced and there are minor discrepancies in statement of attesting witness, will not hamper the concurrent findings recorded by..........
Agreement to sell -- Proof - Agreement to sell proved by plaintiff and an attesting witness - Mere non-examination of stamp vendor and deed writer has not resulted in failure to prove agreement...........
