Agreement to sell -- Specific performance - Readiness and willingness - Bank accounts in the name of plaintiffs prove that they had sufficient funds to discharge their obligation with regard to payment of balance sale consideration - There is thus, voluminous and overwhelming evidence on record to prove bona fides of plaintiffs with regard to their readiness and..........
Specific Relief Act, 1963, Section 28 -- Rescission of contract by purchaser - Clause in agreement as to forfeiture of advance - Entire amount paid by plaintiff to defendants before completion of transaction qualify as `advance' - As per agreement, the entire amount paid before completion of bargain would be `advance'...........
Registration Act, 1908, Section 17, 49 -- Proviso - Agreement to sell - Suit for specific performance - Unregistered and insufficiently stamped agreement to sell - Agreement was impounded and deficiency of stamp duty removed - Order allowing marking of agreement as exhibit, upheld...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendment sought to change date of agreement to sell from 10.09.2013 to 11.09.2013 - Inadvertent typographical error - Amendment of inadvertent mistake on the part of a party or its counsel while drafting, should not be refused - If amendment is allowed, no material prejudice will be caused to any of the..........
Indian Penal Code, 1860, Section 420, 467, 468, 471, 120B, Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of FIR - From a bare perusal of FIR, it appears that it is a civil dispute relating to agreement to sell, which is given colour of criminal litigation - FIR quashed...........
Specific Relief Act, 1963, Section 20, 22 -- Suit for specific performance of contract for sale - Challenge - Property subsequently sold to defendant no. 2 - As per sale agreement between plaintiff/appellant and defendant no alienation could be made till 3 years - Plaintiff filed suit without seeking possession from 2nd defendant on ground that since property was sold..........
Civil Procedure Code, 1908, Section 47 -- Execution - Objections - Eviction decree on basis of compromise - Compromise made part of judgment - Decree not set aside by any Competent Court - Operation of decree not stayed by any Court - Decree is liable to be executed as J.D. has not honoured terms and condition of compromise - Objections raised by J.D. to bring on record..........
Limitation Act, 1963, Section 17 -- Limitation - Suit for recovery of earnest money - Period of limitation starts from date of refusal of execution of agreement, as defined under the agreement or from date of knowledge of fraud, if any, found committed in the alleged agreement...........
Limitation Act, 1963, Section 17 -- Limitation - Suit for recovery of earnest money - Agreement to sell - Plaintiff pleaded fraud in execution of agreement to sell and he has succeeded in proving the same by showing that shops in question were already sold by defendant - Since plaintiff filed the suit within period of three years from date fixed for execution of sale deed,..........
Registration Act, 1908, Section 17 -- Registration - Nature of document in question essentially is an agreement between parties to obtain a future document and same is for purchase of property and not for its transfer - Document thus, not liable to be registered...........
