Agreement to sell -- Specific performance - Defendant contended that they executed agreement as security of loan - If at all defendants are of the view that, they have availed loan from plaintiffs and have not entered into sale agreement, there was no impediment for the defendants to execute the mortgage deed instead of executing a sale agreement - Plaintiffs with cogent..........
Agreement to sell -- Specific performance - Defendant contended that they executed agreement as security of loan - Recitals in the agreement of sale has been understood and acted upon by parties by executing confirmation deed - DW 1 admits in his evidence that plaintiffs are financially sound enough to repay the balance amount and are in land business - Said aspect would..........
Registration Act, 1908, Section 49, 17 -- Un-registered agreement to sell - Plaintiff is claiming title through unregistered agreement to sell - Said document is registerable u/s 17 of the Act - Therefore, said unregistered agreement to sell cannot be used even for collateral purpose for proving the possession of plaintiff in respect of suit property...........
Civil Rules of Practice, Rule 203A, Civil Procedure Code, 1908, Section 151 -- Issuance of certified copy of photostat copy of an unmarked document - Unmarked certified copy of agreement of sale was allowed to be returned by permitting it to be substituted by a photocopy of said document - Application for issuance of certified copy of photostat copy of said unmarked..........
Evidence Act, 1872, Section 45, Civil Procedure Code, 1908, Order 26, Rule 10A -- Handwriting expert - Comparison of signatures - Signatures obtained in open Court which are on suit summons, vakalat and written statement would be later in point of time than the suit agreement of sale - Said signatures are not safe to take as specimen signatures for comparison with disputed..........
Evidence Act, 1872, Section 45, Civil Procedure Code, 1908, Order 26, Rule 10A -- Handwriting expert - Comparison of signatures - Signatures obtained in open Court which are on suit summons, vakalat and written statement would be later in point of time than the suit agreement of sale - Said signatures are not safe to take as specimen signatures for comparison with disputed..........
Agreement to sell -- Specific performance - Readiness and willingness - In order to be successful, plaintiff need not jingle his coins or deposit the amount to the credit of Court unless and otherwise directed by Court - However, he must show his ability to generate funds for the purpose of converting the sale agreement into a sale deed...........
Agreement to sell -- Specific performance - Readiness and willingness - In order to be successful, plaintiff need not jingle his coins or deposit the amount to the credit of Court unless and otherwise directed by Court - However, he must show his ability to generate funds for the purpose of converting the sale agreement into a sale deed...........
Agreement to sell -- Specific performance - Any delay on the part of plaintiff is fatal to suit...........
Agreement to sell -- Specific performance - Any delay on the part of plaintiff is fatal to suit...........
