Stamp Act, 1899, Article 47A -- Agreement to sell - No recital as to delivery of possession - Agreement does not fall within the mischief of S.47-A of the Act - However, possession delivered, vide a letter executed by defendant in favour of plaintiff pursuant to agreement to sell - Held, letter falls under Article 47-A of the Act because delivery of possession was effected..........
Specific Relief Act, 1963, Section 20 -- Agreement to sell - Specific performance - Former suit for injunction dismissed on technical ground that an agreement to sell can only be sued as a protective shield but not as a sword to file injunction and plaintiff has to seek alternative and efficacious relief of specific performance - Plaintiff therefore filed the present suit..........
Agreement to sell -- Specific performance - Readiness and willingness - Plaintiff already paid substantial amount of Rs.1,40,000 out of sale consideration of Rs.1,80,000 - Balance amount has to be paid at the time of registration as per agreement - Under Telegraphic notice plaintiffs made clear that they were ready and willing to pay balance sale consideration - More so,..........
Agreement to sell -- Specific performance - Plea of ancestral property - No specific plea to the effect that suit property was ancestral property was taken by defendant - On the other hand defendant styled himself as absolute owner and possessor of suit property - Two sons of defendant who signed the agreement to sell as attestors did not raise an objection for execution..........
Civil Procedure Code, 1908, Order 6, Rule 4 -- Plea of fraud - Agreement to sell - Defendant woefully failed to give particulars of fraud alleged - There was thus, no strong basis in the pleadings about fraud - If really fraud was committed on defendant, certainly defendant and his sons would have not kept silent - Their conspicuous silence itself shows that agreement to..........
Registration Act, 1908, Section 17, 49 -- Unregistered document - Admissibility - Photocopies of Receipt, Possession Letter, photocopy of unregistered Will, Agreement to Sell and General Power of Attorney on plain paper placed on record are inadmissible in evidence...........
Easement Act, 1882, Section 52 -- Licence - If an agreement is entered into between parties thereby creating a licence and conditions contrary to provisions of Easement Act are incorporated therein, those conditions can only be treated as contracting out and nothing more...........
Civil Procedure Code, 1908, Order 18, Rule 3 -- Rebuttal evidence - Handwriting expert - Execution and signatures on agreement to sell denied by defendant - It was therefore, for the plaintiff to give evidence in affirmative - Right to lead evidence in rebuttal arises only if defendant had led any evidence in affirmative on the issue - Evidence in rebuttal cannot be..........
Agreement to sell -- With possession or without possession - Not a conveyance...........
Agreement to sell -- Does not confer any title nor transfer any interest in an immovable property in the absence of a registered deed of conveyance...........
