Agreement to sell -- Specific performance - Readiness and willingness - Certificate issued from office of Sub-Registrar confirming presence of plaintiffs before Sub-Registrar for execution of sale deed on the particular date cannot be construed as conclusive evidence to no, suit defendants, particularly when no further evidence was led by plaintiff to demonstrate..........
Tender -- Dealership of Liquified Petroleum Gas (LPG) - Applicant should own a plot of land of adequate size at advertised location for contribution for godown for LPG storage as per terms of tender - Admittedly, as on last date of submission of applications in terms of advertisement, petitioner did not own land as required - Petitioner only had an agreement for sale in..........
Stamp Act, 1899, Section 33 -- Impounding of document - U, registered agreement to sell - Can be sent for impounding as per S.33 of the Act, as mere impounding of document does not obligate trial Court to receive the same in evidence as it requires registration also under provisions of Registration Act - Dismissal of application u/s 33 of the Act held, not proper - Trial..........
Agreement to sell -- Specific performance - Mere fact that possession of land is with plaintiff and they were in no hurry to get sale deed executed, does not disentitle them from getting relief of specific performance...........
Agreement to sell -- Specific performance - Once agreement in question was concluded as agreement to sell and after entering into agreement to sell defendant received full sale consideration and handed over possession to father of plaintiffs, question of exercising any discretionary favourable to defendant does not arise...........
Agreement to sell -- Specific performance - Readiness and willingness - Plaintiff was not having money on the date of execution of sale of agreement itself and thereafter - Cross-examination of plaintiff shows that his earning was hand to mouth - Defendant was in need of money, as his father was having heart disease - Said fact is admitted by plaintiff - Plaintiff thus,..........
Transfer of Property Act, 1882, Section 58(c), 54 -- Mortgage by conditional sale or sale with an option to repurchase - Valuation of property, transaction value, along with duration of time for re-conveyance are important considerations to decide the nature of agreement as to whether an agreement is a mortgage by conditional sale or sale with an option to repurchase...........
Agreement to sell -- Suit for specific performance - Financial capacity - Non-availability of bills relating to gold jewellery to prove ownership - Not fatal in the present case as no serious dispute raised about the family member not making available the gold ornaments or that it was not available to them - Therefore absence of deposition by family members in favour of..........
Agreement to sell -- Specific performance - Earnest money proved to have been paid to defendants by plaintiff - However, defendants failed and neglected to execute and register deed of conveyance in terms of agreement for sale in favour of plaintiff - Plaintiffs on the other hand was ready and willing to pay balance sale consideration - Defendant no.1 though entered..........
Registration Act, 1908, Section 17(1)(b) -- Agreement to sell - An agreement for sale by itself does not create any interest or charge in a property agreed to be sold and it is for this purpose that agreement for sale is not treated as a conveyance for the purpose of Registration Act and therefore, not compulsorily registered u/s 17(1)(b) of the Act...........
