Agreement to sell -- Specific performance - Co-owners - Execution of agreement by power of attorney holder - Agreement in question did not mention GPA or indicate that defendant No.1 was acting on behalf of his sisters/co-owners - Defendant No.1 signed the agreement solely in his capacity and there was no representation made to plaintiffs that he had the authority to bind..........
Agreement to sell -- Specific performance - Bona fide purchasers - Agreement in question was not executed by all the co-owners - Agreement to sell was incomplete and unenforceable against Defendant Nos.6 to 8, who held a majority share in the property - Enforcing such an agreement would be inequitable - All the co-owners of property transferred the suit property in favour..........
Agreement to sell -- Specific performance - Co-owners - Plaintiffs failed to demonstrate readiness and willingness to perform their obligations and did not take necessary steps to secure the consent of all co-owners - Granting specific performance would unfairly prejudice the defendants, especially defendant Nos. 6 to 8/co-owners, who never consented to the sale to..........
Agreement to sell -- Agreement for sale consists of a clause whereby possession was handed over to purchaser satisfying the requirement to treat the instrument as conveyance and what remained was only formality of execution of sale deed - Such agreement for sale was the principal document on which stamp duty was to be paid...........
Agreement to sell -- Specific performance - Ready and willing - Plaintiffs paid major part of sale consideration amount and notice issued by plaintiffs to defendant shows their readiness and willingness - Relief of specific performance rightly granted to plaintiffs...........
Evidence Act, 1872, Section 92 -- Oral evidence to contradict the contents of document - Agreement to sell - Defendant contended that consideration was Rs.60 lakhs - However, agreement of sale states that total sale consideration was Rs.19,25,000 - It is inconsistent with the terms of the agreement - Contention of defendant rejected...........
Agreement to sell -- Suit for specific performance - Petty amount of approximately 14% of total sale consideration was paid - Even additional amount of Rs.5 lakh agreed to be paid by plaintiff while extending the time for execution was not paid - Prices of suit property in the last approximately 20 years have increased phenomenally and in these circumstances, it will not..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit for specific performance - Agreement to sale does not create any right in the subject matter of suit property unless specific performance of contract is allowed in favour of proposed purchaser - Claim of such person for injunction over suit property is without any basis - Moreover, when..........
Karnataka Stamp Act, 1957, Section 34, 37(2) -- Deficient stamp duty - Imposition of penalty to the extent of ten times - Appellant agreed to pay proper/sufficient stamp duty and penalty on certified copy of agreement to sale - In other words, appellant having invited Court to decide u/s 34(1) of the Act, cannot now express the willingness to exercise the option u/s 37(2)..........
Karnataka Stamp Act, 1957, Section 2(d) -- Art.20(1) of Schedule - Conveyance - Agreement of sale with recital of delivery of possession, conforms to requirements of conveyance u/s 2(d) of the Act r/w Art.20(1) of Schedule of the Act, therefore applicable stamp duty is ad valorem...........
