Agreement to sell -- Registration - Part performance - If a party comes to Court to seek protection of his possession which was delivered in part performance of agreement to sell then such agreement to sell shall not be admitted in evidence unless it is registered...........
Limitation Act, 1963, Article 54 -- Limitation - Suit for specific performance - Where no period, time or date for execution and registration of sale deed is stipulated by parties while executing agreement to sell, limitation would begin to run only if plaintiff has a notice of fact that performance has been refused as per second part of Art.54 of the Act...........
Agreement to sell -- Specific performance - Readiness and willingness - Payment of balance consideration has to be done only at the time of registration of sale deed - Admittedly, no steps were taken for registration of sale deeds - Finding of High Court that plaintiffs were not ready and willing to perform their part of contract by not paying balance consideration..........
Agreement to sell -- Registration - There was no delivery of possession at the time of entering into agreement to sell - Agreement is not required to be registered...........
Registration Act, 1908, Section 17, 49, Stamp Act, 1899, Article 47A -- Stamp Act, Explanation I Schedule I - Agreement to sell - Non possessory agreement of sale - Agreement does not fall within scope of Schedule I, Art.47-A, Explanation I of Stamp Act, 1899 - Impugned order that non-possessory agreement of sale cannot be received in evidence set aside...........
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...........
Agreement to sell -- Suit for declaration, possession of suit property by way of specific performance of agreement to sell and for grant of decree of permanent injunction - Readiness and willingness - Once defendant nos.2 & 3 have gained knowledge of fact that plaintiff no.2 & 3 are actual intended purchasers and thereafter applied for getting permission to sell in their..........
Registration Act, 1908, Section 17 -- Registration - Agreement to sell - Recovery suit - Document in question which is purported agreement evinces that it is not an agreement, but it is simply a writing with regard to receipt, which was not required to be registered - Said receipt can be exhibited for collateral purposes...........
Agreement to sell -- Suit for possession by way of specific performance - Readiness and willingness - Plaintiff on coming to know of registration of sale deed by defendant No.1 in favour of defendant No.2 filed the suit within one month from the date sale deed was executed - Even, plaintiff in his plaint has specifically stated that he is ready and willing to perform his..........
