Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Impleadment of a third party - Suit for declaration - Petitioners seeking impleadment on the basis of agreement of sale - Cause of action of petitioners falls outside the scope of suit as nature of suit will change if they are permitted to be impleaded in the suit - Petitioners are not at all necessary or proper parties to..........
Transfer of Property Act, 1882, Section 54 -- Sale - A contract for sale of immovable property does not, of itself, create any interest or charge on such property...........
Specific Relief Act, 1963, Section 28 -- Rescission of contract - Extension of time to deposit balance sale amount - S.28 of Act specifically provides that even if there is some time granted by Court for payment of balance sale consideration in a decree for specific performance, time can be extended - Only on failure to comply with the same an application u/s 28 of Act is..........
Stamp Act, 1899, Section 47A -- Stamp duty - Assessment - Suit for cancellation of sale deed - Defence of defendants is that sale deed is valid - So long defendant is contesting the matter on the ground that sale deed is valid, stamp duty has to be paid - If there is any assessment of quantum, same has to be first considered and decided in appeal...........
Land Acquisition Act, 1894, Section 23, 18 -- Acquisition of land - Compensation - Market value - No sale deeds available due to peculiar reason - Appellants justified in filing copies of orders/awards passed in relation to the adjacent lands for proving market rate of the land in question as these lands were situated in the same area nearer to the lands in question and..........
Land Acquisition Act, 1894, Section 23, 18 -- Acquisition of land - Compensation - Market value - Recourse can be taken in appropriate cases to the mode of determining the market value of acquired land by providing appropriate escalation over the proved market value of nearby lands in previous years where there is no evidence of any contemporaneous sale transactions or..........
Agreement to sell -- Specific performance - Ready and willing - Plaintiff did not have money required for payment of balance sale consideration and also the capacity to arrange payment of such amount - It has to be concluded that he was not ready and willing to perform his obligations - In such circumstances even if it is established that defendant refused to execute the..........
Agreement to sell -- Specific performance - Ready and willing - Pleading - Vague statement in pleading that plaintiff was always ready and willing to pay the balance sale consideration and execute the sale deed - Absence of specific averment that plaintiff has been ready and willing to perform the essential terms of contract, which are to be performed by him - Absence of..........
Agreement to sell -- Specific performance - Claim of damages - Lack of material to conclude that plaintiff sustained any loss due to non execution of sale deed - Plaintiff did not had the money for payment of balance sale consideration and also the capacity to arrange payment of such amount, as such, he was not ready and willing to perform his obligations - Plaintiff..........
Agreement to sell -- Specific relief - Alternative relief of refund of earnest money - Defendant not entitled to retain earnest money when he did not sustain any loss due to non execution of sale deed pursuant to agreement - Held, plaintiff is entitled for return of advance sale consideration together with appropriate interest i.e. 6% p.a. interest from the date of..........
