Transfer of Property Act, 1882, Section 60 -- Mortgage - Extinguishment of right to redeem - Right to redemption survives only till confirmation of sale and not thereafter - Plaintiff losses the right to sue for redemption of mortgaged property when mortgaged property is put to auction sale in a suit for foreclosure and sale certificate is issued and thereafter there..........
Agreement to sell -- Specific performance - Proof of agreement to sell - Decree for refund of earnest money passed - Appellate Court reversed the decree and granted decree of specific performance - Since defendant did not challenge decree of trial Court for refund of earnest money as such execution of agreement to sell and receipt of part of sale consideration in pursuance..........
Agreement to sell -- Specific performance - Capacity to pay balance sale consideration - Plaintiff contended that she is capable to pay balance sale consideration - Defendant/seller not denied the same - In the absence of any such denial by defendant, subsequent purchaser's contention on that aspect becomes unacceptable...........
Agreement to sell -- Specific performance - Readiness and willingness - Defendant received part consideration on the very same day of execution of agreement and additional amount within 3 months from date of such agreement - Plaintiff always ready and willing to perform her part of contract, as she repeatedly requesting defendant to perform his part of contract but..........
Agreement to sell -- Specific performance - Subsequent purchaser - Bona fide purchaser - Suit property sold to defendant no.3 during pendency of suit - Interim injunction granted against defendant/seller restraining alienation of property - Sale in favour of third defendant was thus, in breach of order of injunction - Defendant no.3 held, not a bona fide purchaser -..........
Agreement to sell -- Specific performance - Limitation - No specific date fixed for performance of agreement, as agreement was to be executed after receipt of permission from Competent Authority - It is Art.54 Clause 2 of Limitation Act which is applicable and period of three years commences from the date plaintiff has notice that performance is refused - Cause of action..........
Agreement to sell -- Specific performance - Act and conduct - Suit filed on the date specified for registration of sale deed - Plaintiff did not comply with the terms of contract and rushed to the Court post haste - Equitable relief of specific performance can be denied by reading some dubiety, down into the conduct of plaintiff - Relief of specific performance rightly..........
Rajasthan Agricultural Produce Market Act, 1961, Section 14, 15, 16, 17, Rajasthan Agricultural Produce Market Rules, 1963, Rule 58, Sale of Goods Act, 1930, Section 4, 19, 20, 21, 22, 23 -- Market fee - Agriculture produce - If entire transaction takes place outside State and ownership in goods also passes outside State, then market fee is not payable...........
Rajasthan Agricultural Produce Market Act, 1961, Section 14, 15, 16, 17, Rajasthan Agricultural Produce Market Rules, 1963, Rule 58, Sale of Goods Act, 1930, Section 4, 19, 20, 21, 22, 23 -- Market fee - Agriculture produce - Buy and Sell - Intention is to be gathered from terms and conditions - Terms and conditions mentions that responsibility of seller ceases as soon as..........
Sales of Goods Act, 1930, Section 30 -- Sale and Agreement to sell - Distinction - Sale takes place when property in goods is transferred from seller to buyer - If transfer of property in case is to take place at future time or subject to conditions that are stipulated in contract of sales of goods, then contract is merely an agreement to sell...........
