Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for possession, permanent injunction and mandatory injunction - Plaintiff sold the property to defendant No.1 by executing the documentation being agreement to sell, general power of attorney (GPA), Will, receipt etc. - Transfer of rights in an immovable property is a bilateral act, thus, said contract cannot..........
Agreement to sell -- Suit for specific performance - Non-description of property - Agreement in question cannot be specifically performed, as there is neither any mention of khasra number or plot which was agreed to be sold by defendant in favour of plaintiff, nor there is any mention of area or width of plot - Decree of specific performance, rightly not granted - Grant of..........
Agreement to sell -- Specific performance - Non-examination of defendant No.1 - Not fatal particularly when defendant No.1 sold the property to defendant No.2 and defendant No.2, who actually has interest in suit entered the witness box and supported his case - Moreover, adjudication of case has to be made on the basis of pleadings of parties and material which is placed..........
Agreement to sell -- Part performance - Court cannot enforce specific performance of part of contract as per S.12 of Specific Relief Act - However, Court can enforce specific performance in part in the sense that an entire share of a particular person can be ordered to be sold by means of decreeing the suit for specific performance, and that can be done if agreement in..........
Specific Relief Act, 1963, Section 12 -- Part performance - Agreement to sell - Part performance - Joint family property - Where vendor father had only 1/3 share in joint family property but he agreed to sell the property in its entirety, property contracted to be sold would not bind the sons being co-owners - Since property being divisible, a decree of specific..........
Specific Relief Act, 1963, Section 12 -- Part performance - Agreement to sell - Part performance - Joint family property - Where vendor father had only 1/3 share in joint family property but he agreed to sell the property in its entirety, property contracted to be sold would not bind the sons being co-owners - Since property being divisible, a decree of specific..........
Indian Penal Code, 1860, Section 420 -- Cheating - Agreement to sell - Payment of advance amount - Sale of land to third party at a much higher price and that accused/vendor was not in possession of property - No material on record that complainant took steps for execution and registration of sale deed after paying rest of the amount - In absence of such evidence no..........
Indian Penal Code, 1860, Section 420, 467, 468, 120B, 506 -- Cheating - Agreement to sell - Sale of property to third person - Property sold to subsequent vendees much after the relevant date to execute the sale deed - Question of any dishonest intention or cheating did not arise - Civil suit for specific performance already filed - Dispute between parties is purely of..........
Agreement to sell -- Specific performance - Plaintiff entered into agreement of sale with defendant No.1 being fully aware of the fact that suit property was already mortgaged - Suit property sold out in Court auction for non payment of mortgage amount and sale become final - Plaintiff, held, not entitled to relief of specific performance, as plaintiff failed to challenge..........
Indian Penal Code, 1860, Section 420, Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Offence of cheating - Accused alleged to have entered into agreement to sell an open land to complainant and received consideration - Thereafter, despite repeated requests of complainant, accused did not execute sale deed and later on she sold disputed land to someone else..........
