Agreement to sell -- Specific performance - Readiness and willingness - It was for plaintiff to establish his readiness and willingness for execution of agreement by entering witness box and proving his capacity to pay balance consideration amount - Power of attorney appointed later on was naturally unaware of preceding events, is incompetent to deny any document on..........
Agreement to sell -- Specific performance - Readiness and willingness - Plaintiff was not having money on the date of execution of sale of agreement itself and thereafter - Cross-examination of plaintiff shows that his earning was hand to mouth - Defendant was in need of money, as his father was having heart disease - Said fact is admitted by plaintiff - Plaintiff thus,..........
Specific Relief Act, 1963, Section 38 -- Suit for declaration and cancellation of two sale deeds and a Will - Witnesses to execution of such documents does not necessarily have to know the contents of the said documents...........
Evidence Act, 1872, Section 122, 68 -- Gift deed - Execution - Proof - When there is no evidence of any forgery or fabrication and no specific denial of execution of gift deed, donee was under no obligation to examine one of attesting witnesses of gift deed...........
Transfer of Property Act, 1882, Section 122 -- Gift deed - Validity - Plea of forgery and fabrication of gift deed - Plaintiffs not denied the execution of document but alleged forgery and fabrication - In absence of any evidence of any forgery or fabrication and in absence of specific denial of execution of gift deed, donee was under no obligation to examine one of..........
Specific Relief Act, 1963, Section 28 -- Decree for specific performance - Extension of time for depositing balance sale consideration - DH was pursuing litigation in a bona fide manner - As JD refused to accept amount, execution of decree was filed during currency of period of 30 days within which DH was to deposit balance sale consideration - If JDs were ready to accept..........
Agreement to sell -- Specific performance - Agreement for sale entered into by plaintiff through her son/power of attorney - Defendants could accept the sale consideration but they disputed the authority of power of attorney - Power of attorney appeared in office of Sub Registrar for execution of sale deed but defendants did not turned up - Date of execution of sale as..........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 32 -- Execution - Decree of specific performance - Decree was executable within two months of passing of decree on payment of balance sale consideration - In appeal appellate Court did not impose a time limit - Objections that balance sale consideration not deposited within time as decree was not stayed by first..........
Civil Procedure Code, 1908, Section 115 -- Revision - Decree of specific performance modified to a decree of refund of sale consideration by High Court in a revision filed against execution proceedings - Such a course is not open in law...........
Agreement to sell -- Specific performance - Plaintiff got examined himself as PW1 and attestors as PW2 and PW3 to prove agreements of sale - Nothing was elicited to impeach their evidence regarding execution of agreements in question - Plaintiff also issued notice to defendants demanding execution of sale deed - Defendants did not issue any reply denying execution of..........
