Agreement to sell -- Specific performance - Bonafide purchasers - Agreement in question in favour of plaintiff was compulsorily registrable document in the State of U.P. - Subsequent purchasers shall be deemed to have knowledge of suit agreement which was duly registered in view of S.3 Explanation I of T.P.Act - It is not the case of subsequent purchasers that they took a..........
Specific Relief Act, 1963, Section 19(b) -- Bonafide purchasers - Suit for specific performance - Without seeking cancellation of subsequent sale deeds - Where subsequent purchasers failed to prove that they entered into sale deed in good faith and without notice of suit agreement, in view of S.19(b) of the Act, a decree for specific performance can be passed against such..........
Agreement to sell -- Agreement for sale neither transfers the property nor creates any interest in subject matter of the agreement to the purchaser in view of S.54 of the T.P Act - Therefore, embargo created by S.154-B(1) of Zamindari Abolition Act, will apply only to the execution of sale deed and not to the execution of agreement for sale...........
Agreement to sell -- Specific performance - Plaintiff has proved the service of notice of demand to the defendant - Suit is filed within limitation and subsequent purchasers did not raise a plea of delay and laches - There are concurrent findings of three Courts on the issue of readiness and willingness shown by first plaintiff - No interference warranted in said findings..........
Agreement to sell -- Specific performance - Agreement in question entered without obtaining prior permission by Government servant is void being opposed to public policy as contemplated in S.23 of Contract Act - Relief of specific performance rightly denied. (Contract Act, 1872, S.23)..........
Agreement to sell -- Suit for specific performance - Order as to refund of Rs.18 lakhs - Advance sale consideration paid Rs.3 lakhs - Subsequent advance payment of Rs.15 lakhs - Proof of subsequent advance payment - Ordinarily, in an endorsement of payment of money, party signs first and witnesses put their signature below that endorsement - However, in the instant case..........
Agreement to sell -- Specific performance - Execution of agreement to sell not disputed - Defendant categorically admitted that in sale agreement, sale consideration is fixed as Rs.2,55,000 - When such admission is unequivocal, very contention of defendant that it is only a loan transaction and document is executed as security document cannot be accepted...........
Agreement to sell -- Specific performance - Relief of specific performance cannot be denied to plaintiff merely because plaintiff has alternative remedy of refund of amount as per agreement in case of breach of contract, particularly when defendant admitted the execution of agreement and amount received for construction of house and utilization of said amount for..........
Legal Services Authorities Act, 1987, Section 20(5) -- Lok Adalat - Where no award or decision is made by Lok Adalat due to failure to reach an agreement, case record is to be sent back to Court from which the reference was initially received - Court then takes over and proceeds to handle the case as per appropriate legal procedures and laws...........
Agreement to sell -- Specific performance - Readiness and willingness - Concurrent findings of Courts below decreeing suit of plaintiff - When there is a concurrent finding, the very contention that S.16(c) of Specific Relief Act has not been complied with cannot be accepted...........
