Agreement to sell -- Suit for specific performance - Unregistered agreement to sell - Mere non registration of agreement to sell does not bar very institution of suit for specific performance...........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Suit filed on the basis of unregistered agreement to sell without filing suit for substantive relief of specific performance - Plaintiff cannot get the relief even for permanent injunction on the basis of such an unregistered document/agreement to sell, more particularly when defendant specifically filed..........
Stamp Act, 1899, Article 47A -- Deficient stamp duty - Suit for specific performance - Subject document is `house sale deed', as total sale consideration was paid - It is not an agreement of sale - Said unregistered document is inadmissible in evidence unless and until deficit stamp duty is paid - Court below thus, rightly directed plaintiff to pay deficient stamp duty and..........
Agreement to sell -- Un-registered - Suit for specific performance - Possession of suit property was handed over to plaintiff at the time of execution of sale agreement - Plaintiff thus, cannot seek any remedy under unregistered agreement to sell...........
Registration Act, 1908, Section 49 -- Unregistered sale deed - Issue of possession cannot be said as collateral purpose by relying on unregistered sale deeds - Such document can be received as evidence in a suit for specific performance as proof of agreement of sale and only for that purpose and for no other purpose...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for partition and injunction - Petitioner having possession cannot intermeddle in the suit for partition - Moreover petitioner cannot claim any sort of right on the basis of an agreement which is prima facie not properly stamped and unregistered - Application rightly dismissed...........
Registration Act, 1908, Section 17, 49, Stamp Act, 1899, Section 35 -- Unregistered and unstamped sale agreement - Suit for recovery of money advanced under sale agreement - As suit is not for specific performance of contract or declaration of title as such agreement can be considered in evidence for collateral purpose, though it is unstamped and unregistered agreement...........
Civil Procedure Code, 1908, Order 13, Rule 3 -- Unregistered and unstamped agreement - Admissibility in evidence - Objection not raised by defendant to filing of document as well as exhibition and admission thereof in evidence - Objection subsequently taken could only be decided at last stage of trial - Objection rightly rejected...........
Registration Act, 1908, Section 17, 49 -- Proviso - Unregistered agreement to sell - Suit for specific performance - Un-registered agreement to sell can be received as evidence of a contract in a suit for specific performance in view of S.49 Proviso of the Act...........
Registration Act, 1908, Section 17, 49 -- Proviso - Agreement to sell - Suit for specific performance - Unregistered and insufficiently stamped agreement to sell - Agreement was impounded and deficiency of stamp duty removed - Order allowing marking of agreement as exhibit, upheld...........
