Agreement to sell -- Specific performance - Refund of earnest money - Can be granted only where a valid and enforceable agreement of sale is established and plaintiff proves readiness, willingness and entitlement to relief...........
Agreement to sell -- Validity - Security for loan transaction - Substantial portion of consideration paid much prior to execution of agreement - Period of three years stipulated despite balance consideration being negligible - Agreement is proved to be intended only as a security document and not as an agreement of sale - Agreement to sell not a genuine agreement of sale..........
Agreement to sell -- Specific performance - Refund of earnest money - S.22(2) of SRA expressly bars grant of refund of earnest money unless such relief is specifically claimed. (Specific Relief Act, 1963, S.22(2)..........
Agreement to sell -- Breach of agreement - Refund of advance amount - Execution and contents of agreement unequivocally admitted by defendant in his evidence - Case projected by defendant that plaintiff was aware of encumbrance on suit property from inception was nothing but an afterthought, devised solely to defeat plaintiff's legitimate claim for refund - More so, upon..........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Defendant is not admitting the main relief of specific performance as sought by plaintiff - Though he is ready to refund back the earnest money along with interest - Trial Court is not bound to pass a decree in respect of only alternative prayer only - It is open for Court either to grant main relief..........
Civil Procedure Code, 1908, Order 7, Rule 11, Andhra Pradesh Court Fee and Suits Valuation Act, 1956, Section 63, 64 -- Rejection of plaint - Refund of Court fee - Appellate Court set aside order of rejection of plaint - Appellants are entitled for refund of Court fee paid on appeal...........
Auction sale -- Custodian auction - Purchaser at a custodian auction is entitled to interest and rights that custodian could lawfully alienate - Where custodian by its own mistake or inadvertence, sells or confirms sale of land, which is in public use or otherwise not alienable without proper procedure, equitable justice may require that purchaser be compensated, either..........
Auction sale -- Setting aside - Refund of money to auction purchaser - Auction purchaser entered the auction in good faith and deposited its hard earned money in the belief that law clothed the auction with legitimacy - Auction purchaser neither breached the covenant nor failed in diligence and did not seek to profit from the illegality - Restitution therefore becomes not..........
Consumer Protection Act, 1986, Section 23 -- Allotment of plot - Non-delivery of possession - Compensation - Possession of plot was to be handed over within 24 months of sanction of service plans of entire colony as per agreement - Admittedly, no offer for possession was made until the year 2018 - Respondent invoked clause 7 of Agreement and allotted an alternative plot to..........
Agreement to sell -- Refund of earnest money - Defendants committed fraud at the time of agreement to sell by incorrectly making known to plaintiff that property in question is a built up kothi, that husband of defendant No.1 has already expired and therefore, she is legal heir of her husband - Mutation was sanctioned 2 years after target date in favour of defendant No.1..........
