Evidence Act, 1872, Section 65(e), 74 -- Secondary evidence - Certified copy of registered sale deed - Private documents which are kept as public records by State shall form public documents - All public documents defined u/s 74 of the act are admissible as secondary evidence u/s 65(e) of the Act...........
Evidence Act, 1872, Section 65(e), 74(2) -- Secondary evidence - Certified copy of registered sale deed - Registered sale deed is a public record of private documents and admittedly falls within definition of public documents to S.74(2) of the Act - Certified copy of registered sale deed is thus, admissible as secondary evidence u/s 65(e) of the Act...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Agreement to sell - Possession in pursuance of agreement to sell - Plaintiff in possession on the date of institution of suit - However, during pendency of suit plaintiff dispossessed - Possession ordered to be restored to plaintiff - Plea that in the mean time plot is sold to third party - Held,..........
Agreement to sell -- Specific performance - Time essence of contract - In cases of sale of immovable property, time is not essence of contract unless so intended by parties which can be gathered from terms and conditions settled between them as well as attending/surrounding circumstances...........
Agreement to sell -- Specific performance - Time as essence of contract - Once entire sale consideration stood paid to proposed seller, time of performance ceased to be essence...........
Agreement to sell -- Specific performance - Time as essence of contract - Recitals in agreement reveals that parties prepared agreement in the form of a family settlement with clear intention that they would be able to transfer ownership of property in question by way of this agreement - Entire sale consideration was paid and possession of property already delivered - Time..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration - Dismissal of suit - Plea of defendant that claim for part of land has not been raised before trial Court is not maintainable before High Court - Plea held, not tenable as plaintiff claimed declaration qua their rights in suit land to the extent of 1/12th share by challenging sale deed - Courts were under..........
Agreement to sell -- Specific performance - Time if essence of contract - Plaintiff agreed to purchase mortgaged property by paying balance sale consideration directly to bank to clear mortgage debt within 15 days of sale agreement - It is further entered in agreement that if payment is not made within stipulated time, agreement shall stand cancelled - Time was thus,..........
Agreement to sell -- Specific performance - Readiness and willingness - Plaintiff having means but not actually willing to perform his part of contract - Plaintiff not paid the balance sale consideration within stipulated time of 15 days for execution of sale deed - Plaintiff held, not entitled to decree of specific performance. (Specific Relief Act, 1963, Ss.16(c), 20)...........
Indian Penal Code, 1860, Section 420, 406, 120B -- Cheating - Accused did not pay full sale consideration and managed to get sale deed executed and registered - Balance consideration was secured by cheques which were dishonoured and recourse to S.138 NI Act was resorted - It cannot be said that intention of accused was to cheat complainant right at the time of entering..........
