Evidence Act, 1872, Section 92 -- Oral evidence to contradict the contents of document - Agreement to sell - Defendant contended that consideration was Rs.60 lakhs - However, agreement of sale states that total sale consideration was Rs.19,25,000 - It is inconsistent with the terms of the agreement - Contention of defendant rejected...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendment sought to change the boundaries of suit property , as boundaries shown in the original sale deed had been set out in the schedule by inadvertent mistake and corrected boundaries as per rectification deed have to be included in the schedule - Defendants were always aware of fact that original..........
Agreement to sell -- Suit for specific performance - Petty amount of approximately 14% of total sale consideration was paid - Even additional amount of Rs.5 lakh agreed to be paid by plaintiff while extending the time for execution was not paid - Prices of suit property in the last approximately 20 years have increased phenomenally and in these circumstances, it will not..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit for specific performance - Agreement to sale does not create any right in the subject matter of suit property unless specific performance of contract is allowed in favour of proposed purchaser - Claim of such person for injunction over suit property is without any basis - Moreover, when..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Deficient Court fee - Plaintiff has not sought decree of possession but has only sought decree of injunction and claims to be in possession of property which is subject matter of sale deed - Power of attorney on the strength of which sale deed sought to be avoided by plaintiff was executed is also..........
Transfer of Property Act, 1882, Section 54 -- Sale deed - There cannot be unilateral cancellation of sale deed...........
Karnataka Stamp Act, 1957, Section 34, 37(2) -- Deficient stamp duty - Imposition of penalty to the extent of ten times - Appellant agreed to pay proper/sufficient stamp duty and penalty on certified copy of agreement to sale - In other words, appellant having invited Court to decide u/s 34(1) of the Act, cannot now express the willingness to exercise the option u/s 37(2)..........
Karnataka Stamp Act, 1957, Section 2(d) -- Art.20(1) of Schedule - Conveyance - Agreement of sale with recital of delivery of possession, conforms to requirements of conveyance u/s 2(d) of the Act r/w Art.20(1) of Schedule of the Act, therefore applicable stamp duty is ad valorem...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for specific performance - Finding on executability of the agreement, proof of its contents, question of readiness and willingness on the part of plaintiff to get the sale deed executed, are pure findings of fact based upon material available on record - Court does not find any apparent perversity in the view..........
Agreement to sell -- Specific performance - Trial Court with an inadvertent mistake has made a direction to deposit Rs.2.60 lakhs instead of Rs.2.80 lakhs - Plaintiff is duty bound to pay entire sale consideration of Rs.2.80 lakhs even if specific enforcement of entire contract could not be given - While Court shall not penalize DH/plaintiff for not depositing Rs.20,000..........
