Agreement to sell -- Specific performance - Readiness and willingness - Bank accounts in the name of plaintiffs prove that they had sufficient funds to discharge their obligation with regard to payment of balance sale consideration - There is thus, voluminous and overwhelming evidence on record to prove bona fides of plaintiffs with regard to their readiness and..........
Specific Relief Act, 1963, Section 38 -- Permanent Injunction - Restraining defendant from encroaching passage - Joint land - Partition - Existence of any passage before partition proceedings looses any significance as such - In the partition proceedings, plaintiff and defendant given separate passages and specific areas mentioned in khasra numbers allotted to them -..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - To produce original Will, primary evidence - Appellate Court to permit production of any document, which would help Court to pronounce judgment or for any other substantial cause - Such power is to advance the cause of justice - First Appellate Court erred in refusing to allow..........
Court Fees Act, 1870, Section 7(ivA), (v), (vA), (vB) -- Court fees - Suit for cancellation of sale deeds - Market value - Once it is conceded that value of land as per S.7(iv-A) Explanation of the Act is to be determined according to either S.7(v), (va) or (vb) of the Act, market value was deemed to be referable to one or other modes of determining value under said..........
Partition suit -- Release deed executed by plaintiff - Plea that plaintiff was minor at that time - Onus was on plaintiff to prove that he was minor at the time of execution of release deed but he failed to prove his date of birth - Concurrent finding of fact that date of birth is not proved from School Leaving Certificate - Plaintiff has not pleaded any fraud and..........
Agreement to sell -- Suit for specific performance - Averments of readiness and willingness on the plaintiff`s part up to the date of filing of suit and prove thereof is necessary...........
Civil Procedure Code, 1908, Order 17, Rule 1, 3 -- Closure of evidence of plaintiff - Sufficient opportunities granted to plaintiff to complete his evidence - Earlier also evidence of plaintiff was closed, as he had not led evidence within time - Despite having been granted 3 opportunities by Court, plaintiff still failed to complete his evidence within time - However,..........
Agreement to sell -- Specific performance - Readiness and willingness - It is not necessary for plaintiff to produce ready money, but it is mandatory on his part to prove that he has means to generate consideration amount...........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration of title and permanent injunction - Plaintiff claims title over suit property by way of oral partition before 50 years ago - Patta was issued in the name of plaintiff on basis of said oral partition - However, no revenue document was produced to prove his possession for past 50 years - Plaintiff not entitled..........
Agreement to sell -- Specific performance - Ready and willing - Even in the absence of defence put forth, plaintiff is required to prove his readiness and willingness and that aspect of the matter is to be considered by Courts...........
