Agreement to sell -- Suit for specific performance - Suit filed on the last day of limitation - Plaintiff is not entitled to relief of specific performance...........
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..........
Agreement to sell -- Specific performance - Decree for specific performance is in the nature of preliminary decree...........
Agreement to sell -- Specific performance - Trial Court with an inadvertent mistake has made a direction to deposit Rs.2.60 lakhs instead of Rs.2.80 lakhs - Plaintiff is duty bound to pay entire sale consideration of Rs.2.80 lakhs even if specific enforcement of entire contract could not be given - While Court shall not penalize DH/plaintiff for not depositing Rs.20,000..........
Stamp Act, 1899, Section 35 -- Agreement to sell - Suit for specific performance - Insufficiently stamped agreement - As the document is foundational to the suit, failure to comply with statutory requirements renders the entire claim unenforceable - Suit dismissed as it is based on an instrument that is legally inadmissible as evidence...........
Agreement to sell -- Suit for specific performance - Insufficiently stamped agreement - Failure to comply with statutory requirements of Stamp Act renders the entire claim unenforceable - Suit dismissed as it is based on an instrument that is legally inadmissible as evidence - An amount of Rs.10,000/- received is liable to be returned - The said amount remained with the..........
Agreement to sell -- Specific performance - Bonafide purchasers - Land in question abuts the land of subsequent purchasers - Parties to the lis belong to the same village, same family and having adjoining lands - Knowledge of an agreement to sell executed in favour of one party is known to the inhabitants of same village - Subsequent purchasers cannot be held to be bona..........
Agreement to sell -- Specific performance - Actual consideration fixed by parties was more than as claimed by plaintiff - Plaintiff has not approached Court with clean hands - Denial of specific performance is proper - However, defendants cannot be allowed to be unjustly enrich themselves, thus, directed to return the advance sale consideration of Rs.15 lakhs with 6%..........
Agreement to sell -- Suit for specific performance - Limitation - Sale deed was to be executed and registered within one month - At the end of document a clause incorporated that said agreement will be valid for five years - Reason for incorporating this clause not spelled out - However, it does not change the date fixed for the performance...........
Agreement to sell -- Suit for specific performance - Limitation - Validity of agreement is something different and does not change the date of performance...........
