Specific Relief Act, 1963, Section 28 -- Recession of contract - Non-payment of balance sale consideration within time fixed by Trial Court does not amount to abandonment of contract and consequent rescinding of same - Real test must be to see if conduct of plaintiff will amount to a positive refusal to complete his part of contract - There must be an element of wilful..........
Civil Procedure Code, 1908, Order 21, Rule 35 -- Execution - Decree for specific performance - Merely because a decree of specific performance can be executed within 12 years from date of original decree or from the date appellate Court affirms such decree that by itself, does not mean that a decree holder deposits the balance sale consideration at his own sweet will -..........
Hindu Minority and Guardianship Act, 1956, Section 8 -- Sale of minor's property - S.8 of the Act does not expressly exclude undivided interest of minor in joint family property...........
Hindu Minority and Guardianship Act, 1956, Section 8 -- Sale of minor's property by mother - Mother being natural guardian can act as manager of joint family for herself and on behalf of minors and deal with property in the interest of minors and joint family subject to legal necessity - Her powers are not fettered by or governed by provisions of the Act - Order rejecting..........
Stamp Act, 1899, Article 46, 49 -- Release deed - Entered into among family members - Release of rights would only result in enlargement of intent held by co-owners or joint owners and admittedly no third party has joined said document - Release deed cannot be considered as `conveyance of sale' - Impugned notice demanding deficit stamp duty set aside...........
Specific Relief Act, 1963, Section 20 -- Specific performance - Grant of decree of specific performance of agreement of sale is not an automatic and it is a discretionary relief - Same is required to be exercised judiciously and reasonably...........
Indian Contract Act, 1872, Section 55 -- Time essence of contract - In a contract of sale of immovable property, if time is specified for payment of sale price but not regard to execution of sale deed, time will become essence of contract only with reference to payment of sale price but not with regard to execution of sale deed...........
Agreement to sell -- Specific performance - Time essence of contract - Time limit of four months fixed to perform the part of contract by both parties - Material on record clearly goes to show that within four months of stipulated time, plaintiff got issued legal notices to defendants 1 and 2 and said notices were returned with postal endorsements - However, defendants 1..........
Bombay Stamp Act, 1958, Article 25 -- Explanation 1 Schedule I - Deficient stamp duty - Agreement to sell - Suit property occupied by appellant on rental basis under agreement to sell and it would not be a part of sale transaction - Since possession was admittedly given to appellant even before the date of agreement, implying acquisition of possessory rights protected u/s..........
Agreement to sell -- Specific performance - Agreement executed between parties and Rs.2 lacs was paid as advance by plaintiff to defendants, is proved by PW1 and PW2 by way of oral evidence and same has also been proved by endorsement of defendants at the back first page of agreement - Legal notice was also sent by plaintiff to defendant to execute the sale deed -..........
