Agreement to sell -- Specific performance - Total sale consideration 30.85 lakh out of which 15 lakhs paid as earnest money and balance amount of 15.85 lakhs paid after three months - Bald oral statement only of paying a huge amount of 30.85 lakhs - No evidence forthcoming as to from where the said amount was withdrawn from or got from - No evidence to show source of..........
Civil Procedure Code, 1908, Section 148, Specific Relief Act, 1963, Section 28 -- Decree of specific performance - Extension of time to deposit balance sale consideration - Delay of 853 days in filing application - No sufficient explanation given for delay in filing application for extension of time - Nothing on record to show that in between any notice was given to..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit for specific performance - Questions regarding truthfulness and validity of agreement in question or whether entire consideration was paid or not and plaintiff is having possession or not on alleged agreement land, could be decided after evidence - Therefore, interest of plaintiff in pending..........
Agreement to sell -- Specific performance - No documentary evidence was submitted by plaintiff to show payment of sale consideration to predecessor of defendant - Oral evidence in this regard was self contradictory - More so, sale agreement was executed in 1987 and predecessor of defendant died in 1996 and thereafter suit was filed in the year 2004 - No evidence on record..........
Civil Procedure Code, 1908, Order 41, Rule 33 -- Appeal - Suit for specific performance - Defendant acquired the suit property from her father through registered settlement deed - Recitals of document clearly show that defendant is having only life interest in suit property - Defendant has no right to transfer suit property to third parties including execution of..........
Development agreement -- Specific performance - Specific findings of Courts below that development agreement was cancelled and is substituted by MOU and plaintiff did not perform his part of contract under MOU - Plaintiff thus, not entitled to relief claimed in suit for specific performance for enforcing development agreement - Suit rightly dismissed...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by limitation - Suit for specific performance - Agreement executed on 24.01.2001 - Suit filed on 03.01.2022 - No date or period has been fixed for performance of agreement or for execution of sale deed - Defendant denied the agreement for the first time on 8.11.2021 by way of reply to notice -..........
Agreement to sell -- Specific performance - Defendant received entire sale consideration - Responsibility to get sale deed registered was on defendants - Plaintiff has proved that she had made a request to defendants to get sale deed registered and executed in her favour - She also proved her possession over suit property as purchaser - Suit rightly decreed in favour of..........
Agreement to sell -- Specific performance - Agreement dated 12.8.2004 as alleged by plaintiffs is insufficiently stamped - Plaintiff failed to prove such agreement - Defendants stated that they had not executed such agreement dated 12.8.2004 and on 2.8.2004 agreement between parties was executed - Signatures of defendants as well as witnesses were not obtained in front of..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Transposition of defendant no.2 as appellant no.4 - Suit for specific performance decreed in favour of plaintiff - Other defendants filed appeal against such decree - Defendant no.2 is co-owner of suit property as admitted by plaintiff - Plaintiff himself had arrayed defendant no.2 in suit filed by him - Defendant no.2 is..........
