Agreement to sell -- Suit for specific performance - Recital in agreement that sale deed may be obtained in favour of third person - Held, agreement does not become invalid or unenforceable merely on this ground...........
Civil Procedure Code, 1908, Order 39, Rule 1,2 -- Ad interim injunction - From disturbing possession and creating third party rights - Defendant claiming possession on the basis of sale deed executed by plaintiff through her power of attorney - Plaintiff denying ever executing power of attorney - Non production of power of attorney by defendant is fatal to her case -..........
Deed -..........
Indian Penal Code, 1860, Section 420,467,471 -- Cheating and forgery - Agreement to sell - Seller not executing sale deed despite receiving earnest money - FIR lodged by purchaser - FIR quashed - Held, it gives rise to dispute of purely civil nature - Question of execution of sale deed or otherwise cannot be gone into by police or criminal Court - Only civil Court has..........
Agreement to sell -- Specific performance - Conditional sale deed for reconveyance or mortgage by conditional sale - In both contingencies plaintiff is entitled to buy back the property...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Conditional gift deed - Disputed land was given by the ancestors of plaintiffs to the state and its authorities including appellant Zila Parishad in the year 1948 for establishing a school through registered gift deed with a condition that if school ceased to exist then the property would revert back to the donor -..........
Transfer of Property Act, 1882, Section 54, Specific Relief Act, 1963, Section 31 -- Sale - Setting aside - Mere non payment of sale consideration does not vitiate sale provided that it is promised to be paid - However, if in the sale deed the consideration is said to have already been paid but this assertion is found to be incorrect then transaction does not amount to..........
Evidence Act, 1872, Section 17 -- Admission in gift deed of which execution denied and there is no finding as to its execution - Held, any assertion in gift deed including statement about age not to be taken as admission...........
Specific Relief Act, 1963, Section 28 -- Specific performance - Suit for - Readiness and willingness - Proof - Almost entire sale consideration (about 97%) had been paid as earnest money and only Rs.1000/- were to be paid more - Held, it cannot be accepted that plaintiff was not having money to pay balance sale consideration or that he did not have money to bear expenses..........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Application for - Counsel for respondents No.1 and 2/plaintiffs could not refer to any other ground to challenge sale deed except the ground of being Benami transaction - Held, no mixed question of law and fact is required to be adjudicated to decide application of defendant No.2 filed U.O.7.R.11(d)..........
