Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit for specific performance - Agreement for sale is admitted - Terms and conditions therein are also not disputed - Defendants also received part of sale consideration as advance - Question which require consideration in the trial i.e whether the plaintiffs are entitled for decree of specific..........
Property -- Inherited property - A property obtained through inheritance, whether by way of a Will or upon the demise of property owner, is classified as inherited property - Inheritor holds exclusive ownership over the said property, and is entitled to freely transfer, sell, or dispose of it at their discretion - There are no claims based on birth right, with ownership..........
Transfer of Property Act, 1882, Section 107 -- Lease deed - Unregistered - Lease for a term exceeding one year can be made only by a registered instrument - Agreement in question being unregistered lease deed cannot be looked into as per S.107 of the Act and cannot be said that perpetual lease was created by that document. ( Para 6)..........
Agreement to sell -- Specific performance - Defendant No.2 executed agreement to sell in the capacity of partner and director of Firm - Advance taken was credited in the bank account of Firm - Defence of defendant No.2 that his signatures were obtained on the agreement while he was intoxicated not tenable, as defendant No.2 as well as other partners had not initiated any..........
Civil Procedure Code, 1908, Section 151, Order 13, Rule 3 -- Admissibility of document - Unregistered and unstamped agreement - No sale of property was effected by agreement in question - It is only a memorandum which states prior settlement between parties - Application rightly dismissed...........
Evidence Act, 1872, Section 126 -- Professional communications - Communication if any made by the client to his advocate with regard to attestation made by advocate as a witness to an agreement executed by his client is not privileged communication protected by S.126 of the Act...........
Agreement to sell -- Specific performance - Person who posing as title holder entered into an agreement to sale his property, cannot be allowed to assert subsequently that he had no title over property - Principle of estoppel would apply...........
Agreement to sell -- Specific performance - Outsiders cannot be allowed to defend right to unknown heirs of purchaser...........
Agreement to sell -- Specific performance - Ready and willing - Plaintiff has pleaded that she had already paid the entire consideration money and taken possession in pursuance of agreement - Plaintiff was not required to prove her readiness and willingness to perform his part of contract - In such circumstance, if plaintiff was not examined rather her husband and other..........
Agreement to sell -- Specific performance - Limitation - No time is fixed in the agreement for performance of contract - In that circumstance, plaintiff would bring the suit when she had notice that performance is refused...........
