Agreement to sell -- Suit for specific performance - Limitation - Once there is a specific date fixed for performance, limitation would be three years from the said date...........
Agreement to sell -- Stamp duty - Once sale deed is executed and stamped, agreement of sale can no longer be independently subject to stamp duty, as it has merged into the sale deed...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit for permanent injunction solely based on agreement to sell - Agreement to sell is not a conveyance and it does not transfer ownership rights or confer any title - There is no other document on which reliance is placed by plaintiff - Any of three ingredients for grant of temporary injunction are..........
Agreement to sell -- Specific performance - Suit for specific performance can be filed for enforcing an oral agreement - However, when specific performance is sought on the basis of written agreement and such document is marked in evidence then trial Court is required to appreciate such document...........
Agreement to sell -- Specific performance - When written agreement of sale relied upon by plaintiff has not been marked in evidence, question of appreciating any other averments made in plaint or in the written statement as the admission or otherwise would not arise...........
Agreement to sell -- Specific performance - Defendant though admitted execution of agreement but categorically stated that plaintiff has not complied with the agreement of sale and terms thereof - It cannot be said that there is a clear and categorical admission on the part of defendants regarding agreement of sale and terms thereof - More so, agreement in question is not..........
Indian Penal Code, 1860, Section 420, 406 -- Cheating and criminal breach of trust - Mere non-performance of an agreement to sell by itself does not amount to cheating and breach of trust...........
Indian Penal Code, 1860, Section 406 -- Criminal breach of trust - Agreement to sell executed between parties - Amount paid towards consideration cannot be said to have been entrusted with accused by complainant - Merely because accused refused to register the sale, it does not amount to misappropriation of advance amount - Since there was no entrustment of property,..........
Agreement to sell -- Specific performance - Plea of joint ownership - Defendants admitted the execution of a contract of sale in written statement which is signed by defendant no.2 later on - No documentary evidence is produced on record to show that they are entitled to share in the suit property by succession - Merely stating that it is ancestral property of father is..........
Agreement to sell -- Specific performance - Plaintiff has to stand on his own legs to establish that he has made out case for grant of relief of specific performance of contract...........
