Specific Relief Act, 1963, Section 19(b), Transfer of Property Act, 1882, Section 52 -- Subsequent purchasers - Bona fides - (a) `K' attesting witness of sale deed in favour of subsequent purchasers is also attesting witness of agreement to sell in favour of plaintiff; (b) No payment has been made before Sub Registrar; (c) Subsequent purchasers have not appeared in the..........
Rent and eviction -- Default in payment of municipal tax - Municipal taxes were included in monthly rent payable under tenancy agreement - Even amendment of 2001 to West Bengal Premises Tenancy Act cast obligation on tenant to pay municipal taxes - Tenant nowhere denied his liability to pay his share of municipal tax - Default on the part of tenant is clear and evident -..........
Agreement to sell -- Specific performance - Limitation - When performance of contract depends upon permission of competent authority, which is statutory formality, it cannot be accepted that time has started to run prior to that...........
Agreement to sell -- Specific performance - Limitation - Admittedly, only on obtaining permission from competent authority, sale deed could be executed - Thus, cause of action arose only when defendant received said permission and not prior thereto - Further, it is plaintiff who called upon defendant to execute the sale deed upon getting knowledge of grant of permission -..........
Agreement to sell -- Specific performance - Readiness and willingness - It is established on record that plaintiffs could not perform their part of contract for want of permission from competent authority which defendant required to obtain - Readiness and willingness proved - Plaintiffs entitled to specific performance. (Specific Relief Act, 1963, S.16(c))..........
Agreement to sell -- Specific performance - Plea of hardship - Agreement regarding sale of suit plots to co-operative housing society executed 24 years back - Plaintiffs not responsible for delay - Defendants by taking advantage of said agreement got their surplus land exempted from Urban Land (Ceiling and Regulation) Act, 1976 - Defendants now cannot turn around and take..........
Agreement to sell -- Specific performance - Attestors and scribe of agreement not examined - No explanation given for the same - Even, agreements are unregistered - Defendants denied signatures on agreement - No attempt made by plaintiff to confront defendants and discharge burden by examining any handwriting expert - Other two purchasers along with whom suit agreements..........
Agreement to sell -- Refund of double of earnest money can only be ordered, if plaintiff establishes that there is some damages apart from earnest money which is suffered by plaintiff...........
Agreement to sell -- Specific performance - Cancellation of subsequent sale deed - Once plaintiff is not entitled to relief of specific performance of agreement to sell, he has no locus standi to challenge sale deed in favour of subsequent purchasers - Order of setting aside sale deed set aside...........
Agreement to sell -- Specific performance - Interpolations in agreement - Endorsement of extension of date for execution and registration of sale deed - Said endorsement for extension is made one day after execution of sale deed in favour of subsequent purchasers - Defendant/owner of property cannot extend date once he has executed registered sale deed in favour of..........
