Agreement to sell -- Suit for specific performance - Suit filed before date fixed for executing the sale deed - Vendor violated the agreement to sell by suffering a collusive decree - This intentional violation of the agreement to sell gave rise to a cause of action to file a suit for specific performance - Held, the law does not countenance a proposition and none can be..........
Agreement to sell -- Ready and willing - Sale deed was to be executed on or before 15.6.2000 - From 15.6.2000 to 18.6.2000 there were holidays - Presence marked by Executive Magistrate on 19.6.2000 - Held, plaintiff was ready and willing to perform his part of the agreement...........
Evidence Act, 1872, Section 68 -- Registered sale deed - Proof - No attesting witness is required to be examined to prove the execution of the sale deed unless its execution is denied by the person, who had executed the same...........
Hindu Law -- Ancestral property - Legal necessity - Subsisting interest of alienee after death of alienator - Proof of - Declaratory suit filed to declare that sale deed in question was executed by father of plaintiff in favour of defendant without any legal necessity - Held, effect of a declaratory decree passed in favour of reversioners is with a view to restore property..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 416 -- Anticipatory bail -Impersonation as different persons - Fraud played on the complainant by accused - Agreement to sell executed by accused for the land which did not belong to her - Sale deed not got executed despite various efforts of complainant - Enough material on record to show the..........
Civil Procedure Code, 1908, Section 34 -- Interest - Earnest money - Recovery suit decreed - Award of interest - Legality of - Contention that defendants were not in a position to execute sale deed - Defendants kept money with them for a very long period - Held, defendants should have returned earnest money to plaintiff - In these circumstances, finding of learned..........
Agreement to sell -- Specific performance - Ready and willing - Suit filed within one month of the expiry of time fixed for execution of sale deed - Held, where suit is filed promptly, then it is the manifestation of the willingness and readiness of a plaintiff to perform his part of agreement. (Specific Relief Act, 1963, S.16(c)...........
Power of Attorney -- Specific and clear authority given to execute sale deed or deeds and to do other acts required for sale of agricultural land on behalf of the Bank - Relevant clause does not indicate that authority was limited only to extent of executing sale deed and tendering same before the Registration authorities - Held, no limitation has been placed on the..........
Specific Relief Act, 1963, Section 16(c) -- Specific performance - Readiness and willingness - Plaintiff did not make any efforts to get sale deed executed in his favour - No notice was ever served upon defendant which may not be necessary requirement and a mandatory exercise - Yet it has to be independently inferred from facts of case whether plaintiff was always willing..........
Indian Penal Code, 1860, Section 447 -- Mention in sale deed that possession is delivered - It is not the law the vendees would be deemed to be in possession - Handing over of possession is a physical act - Nothing on record to establish that in fact physical possession had been handed over by all the co-sharers - In case of purchase of undivided share even vendor could..........
