Specific Relief Act, 1963, Section 16 -- Agreement to sell - Suit for possession by way of specific performance - A bald assertion that agreement to sell had been made by plaintiff in connivance with defendant No.1 subsequent to execution of sale-deed in favour of defendant/appellants - No evidence was led towards substantiating assertion - No finger and handwriting expert..........
Agreement to sell -- Suit for specific performance - Suit can be filed on the basis of unregistered documents and also upon an oral agreement - Lack of notorisation or registration does not disentitle plaintiff to the relief...........
Stamp Act, 1899, Article 23 -- Schedule 1-B, Explanation - Agreement to sell - Agreement not disclosing that possession was delivered before its execution or at the time of its execution or that it was agreed between parties that possession will be delivered without execution of deed of conveyance - Agreement of sale cannot be treated as deed of conveyance...........
Specific Relief Act, 1963, Section 34 -- Agreement to sell - Suit for declaration to be owner of suit property on the basis of an agreement to sell - Held, suit is not maintainable - Merely an agreement to sell does not create title in favour of plaintiff...........
Agreement to sell -- Suit for specific performance - Readiness and willingness - As per defendants they have not taken any amount from commission agent, but commission agent depicted huge outstanding amount from defendants and on that pretext, obtained signatures and thumb impressions on blank stamp papers, blank documents bearing revenue stamps and in the register by..........
Indian Penal Code, 1860, Section 420, 415, 423, Criminal Procedure Code, 1973, Section 179 -- Cheating - Territorial Jurisdiction - Agreement to sell goods entered in India - Goods were to be supplied in Dubai - Seller faithfully performed its obligation - Purchaser/accused dishonestly avoided payment - Criminal complaint instituted in India - Held, jurisdiction vest with..........
Agreement to sell -- Specific performance - In addition to the agreement to sell parties further agreed that if sale deed could not be executed vendor would pay the purchaser interest at the usual bank rate for each day's delay and damages - Held, right to claim interest is a separate and independent right under the later part of agreement - It does not in any manner,..........
Agreement to sell -- Specific performance - In addition to the agreement to sell parties further agreed that if sale deed could not be executed vendor would pay the purchaser interest at the usual bank rate for each day's delay and damages - Held, agreement as to payment of interest does not extend the date of performance - The date of performance expressly fixed remains..........
Limitation Act, 1963, Article 54 -- Suit for specific performance - Agreement to sell - Specific performance - In addition to the agreement to sell parties further agreed that if sale deed could not be executed vendor would pay the purchaser interest at the usual bank rate for each day's delay and damages - Held, right to claim interest would be available for a period of..........
Agreement to sell -- Specific performance - Earnest money of Rs.3 lacs out of consideration of Rs.4 lacs paid - Admission in agreement as to receipt of money is as good as payment before Sub Registrar - Plaintiff was present with money in the office of Sub Registrar to get the sale deed executed and earlier also had issued notice - Defendant did not turn up - As the market..........
