Agreement to sell -- Specific performance - Bonafide purchaser - Merely because sister of subsequent purchaser married in same village where suit property is situated, it cannot be said that she knew about agreement to sell in favour of plaintiff, as it is not necessary that every inhabitant of every village knows about every agreement to sell executed by every other..........
Will -- Execution - Intention of testator - Recital of Will clearly stated that testator's estate shall be absolutely vested in defendants (step nephews) over his real brother and sister - Further restriction imposed by testator that defendants shall not execute any deed in respect of gifted property within 40 years of his death, is repugnant to his earlier intention -..........
Criminal Procedure Code, 1973, Section 311 -- Production of documents - Three sale deeds and documents of competency to execute these documents i.e. General Power of Attorney and Special Power of Attorney sought to be produced - Trial Court committed error in not appreciating interlinking between these documents - Even though Civil Court has passed a decree in favour of..........
Agreement to sell -- Suit for specific performance - Relief of specific performance declined - Refund of earnest money - Cannot be granted unless specifically claimed. (Specific Relief Act, 1963, S.22)..........
Agreement to sell -- Specific performance - Limitation - Suit to be filed within three years from date fixed for performance and if no such date is fixed, when plaintiff noticed that performance is refused. (Limitation Act, 1963, Art.54)...........
Agreement to sell -- Specific performance - Readiness and willingness - Must be averred and proved - Entire plaint silent about readiness and willingness - In absence of such pleading, suit is liable to be dismissed on this sole ground...........
Agreement to sell -- Specific performance - - Readiness and willingness - Appellant is tenant of suit property and agreed to purchase it as per agreement - However, respondent landlord denied the same - No evidence was produced by tenant to show his readiness and willingness to perform the contract - On the contrary, when owner denied appellant's claim of tenancy, he just..........
Government Contract -- Breach of dealership agreement - Termination of dealership - Single Judge upheld the respondent's termination letter of dealership and considered it proper to grant liberty to respondent to file a representation to appellant for consideration of his case for restoration of his dealership - Appellant rejected the respondent' representation - Single..........
Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Impleadment of a party as proforma defendant - Recovery suit in terms of agreement - No relief claimed against proposed defendant by plaintiffs - Proposed defendant is also a beneficiary under agreement - As per agreement, plaintiffs have no liability to pay amount to proposed defendant - Rather, amount if any is to be..........
Transfer of Property Act, 1882, Section 60 -- Suit for possession by way of redemption of mortgage - Maintainability - Once sale deed is executed in favour of defendants pursuant to decree for possession by way of specific performance of agreement to sell, mortgage created by original owner in favour of mortgagees comes to an end - Defendants were absolute owners of..........
